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JBRART 

Of 



9AN DIEGO 




OF THE 

NINETEENTH CENTURY 

EDITED BY 

SIR AUGUSTUS OAKES, CB. 

LATELY OF THE FOREIGN OFFICE 

AND 

R. B. MOWAT, M.A. 

FELLOW AND ASSISTANT TUTOR OF CORPUS CHRISTI COLLEGE, OXFORD 

WITH AN INTRODUCTION BY 

SIR H. ERLE RICHARDS 

K. C.S.I., K.C., B.C.L., M.A. 
FELLOW OF ALL SOULS COLLEGE AWD CHICHELE PROFESSOR OF INTERNATIONAL LAW 

AND DIPLOMACY IN THE UNIVERSITY OF OXFORD 
ASSOCIATE OF THE INSTITUTE OF INTERNATIONAL LAW 



OXFORD 
AT THE CLARENDON PRESS 



OXFORD UNIVERSITY PRESS 

AMEN HOUSE, E.C. 4 

LONDON EDINBURGH GLASGOW 

LEIPZIG NEW YORK TORONTO 

MELBOURNE CAPETOWN BOMBAY 

CALCUTTA MADRAS SHANGHAI 

HUMPHREY MILFORD 

PUBLISHER TO THE 
UNIVERSITY 



Impression of 1930 

First edition, 1918 

Printed in Great Britain 



INTRODUCTION 

IT is now generally accepted that the substantial 
basis on which International Law rests is the usage and 
practice of nations. And this makes it of the first 
importance that the facts from which that usage and 
practice are to be deduced should be correctly appre- 
ciated, and in particular that the great treaties which 
have regulated the status and territorial rights of 
nations should be studied from the point of view of 
history and international law. It is the object of 
this book to present materials for that study in an 
accessible form. 

The scope of the book is limited, and wisely limited, 
to treaties between the nations of Europe, and to 
treaties between those nations from 1815 onwards. To 
include all treaties affecting all nations would require 
many volumes ; nor is it necessary, for the purpose 
of obtaining a sufficient insight into the history and 
usage of European States on such matters as those 
to which these treaties relate, to go further back than 
the settlement which resulted from the Napoleonic 
wars. The aim of the authors is to present an historical 
summary of the international position at the time of 
each treaty ; to state the points at issue and the 
contentions of the parties ; and so to make readily 
accessible the materials on which international lawyers 
have to work. For this reason the pure law-making 
treaties have been omitted ; the Hague Conventions, 
for instance, speak for themselves, and in their construc- 
tion the jurist needs little help from general history. 



iv INTRODUCTION 

A special chapter has been written on diplomatic 
forms and procedure with regard to treaties, and this 
must take rank as a high authority on these points. 
It will be found of particular value in studying the 
details of the negotiations which have resulted in 
international agreements. 

With the general law relating to treaties the authors 
make no attempt to deal, and in that they are well- 
advised ; both because it is beyond the province of 
their work, and because on some points as to the 
continuance and avoidance of treaties the law is still 
indeterminate and lawyers differ. But there is one 
point of law on which an opinion has been pronounced 
in the chapter to which reference has been made, 
which is a point of much present importance ; and since 
it is one that is likely to come up for decision in the 
near future, it may be useful to explain it at somewhat 
greater length than has been possible in that chapter. 
It is as to the effect of war on treaties. It may be that 
the peace settlement will make special provision for 
the treaties which existed between the belligerents 
before war, but if that be not done questions must 
arise as to the revival and continuance of former 
treaties. 

The authors state the general proposition that a 
treaty is terminated by the occurrence of war between 
the parties, ' war being considered with certain excep- 
tions as having the effect of abrogating treaties '. That 
statement of the law is well founded on authority, but 
there has been a tendency of late to advocate another 
view, and there are jurists who maintain that the rule 
is, or at least ought to be, that, subject to certain 
exceptions, treaties are suspended only by war and 
revive on the return of peace. It is desirable on general 



INTRODUCTION v 

grounds to limit the effect of war on the relation of 
states as far as may be possible, but the usage of nations 
up to the present time affords no sufficient foundation 
for this opinion, in so far as it purports to be a state- 
ment of existing law. 

The effect of war on any particular treaty must depend 
in the first instance on the character of the treaty 
itself. There are some treaties which are expressed 
to operate in the event of war and have been concluded 
with that object. Such, for instance, are the Hague 
Conventions and treaties providing for the neutraliza- 
tion of particular territories. These obviously cannot 
be suspended or annulled by war ; on the contrary, 
they are brought into operation by the occurrence 
of war. Further, there are some treaties which affect 
third parties, and so far as their rights are concerned 
it is equally obvious as a general proposition that no 
belligerent can affect them by a declaration of war 
against any other nation. Again, there are some 
treaties which have been fully executed, that is, there 
are cases in which the obligations imposed by the treaty 
have been performed so that there is no longer any 
outstanding liability under them. Such are treaties 
of cession under which territory has been ceded and 
sovereignty assumed by the State to whom the cession 
has been made. It is clear that war does not divest 
that sovereignty, for it rests on the accomplished 
transfer and no longer on treaty obligation. So in 
the case of a treaty imposing the payment of a sum 
of money by way of indemnity or otherwise, and pay- 
ment made ; war does not open up that again, for the 
money has passed and the obligation of the treaty 
was thereupon ended. Martens and others have 
classified treaties such as these by the name of ' transi- 



vi INTRODUCTION 

tory ', because the property has passed under them. 
But the term is misleading to us because of the sense 
in which it is ordinarily used in the English language, 
nor is the alternative ' dispositive ' suggested by later 
English writers much more lucid. It serves little useful 
purpose, however, to dwell on a question of pure 
terminology ; the English lawyer will understand what 
is meant if these treaties be called ' executed '. The 
real reason of the exception of this class of treaties is 
that title rests on a completed act, and not on a treaty 
obligation of which the liability is still continuing. 

It has been said that within the class of treaties 
which remain unaffected by war are included treaties 
which create rights over land, and are sometimes called 
international servitudes. But in the absence of express 
stipulation the usage of nations affords no sufficient 
foundation for the recognition of a special class of 
treaty rights vested with special attributes, and in par- 
ticular with the attribute of permanency in spite of war, 
such as is assumed in the conception of international 
servitudes. The distinction is largely the creation of 
text-writers, working on the analogy of the rights known 
as servitudes in Roman law ; a dangerous analogy since 
the rules of private property cannot be applied with 
any degree of exactness to the sovereign rights of 
States. There seems no reason why rights conferred 
by treaty on one State to be exercised in the territory 
of another State should be in any different position 
from that of other treaty rights ; and, indeed, that 
this is so would appear from the personal element 
which is inherent in most such grants to a greater or 
less extent. State A before war may be willing to 
admit the subjects of State B to the enjoyment of 
certain rights in the A territories ; but after war, 



INTRODUCTION vii 

relations stand on an altogether different footing. 
The fact is, that the personal element enters largely 
into treaty concessions and that they bear no real 
analogy to private rights of servitude. Moreover, 
if that analogy were to apply at all, it must apply 
equally to the common case of treaties conferring rights 
of entering and residing for the purposes of trade, 
for those are rights to be exercised on the soil, if the 
connexion with the soil is to be the test. But any 
extension such as that would be opposed to well- 
established usage. The general question of servitudes 
was threshed out in the North Atlantic Fisheries 
Arbitration at The Hague in 1910, and the Award of 
the Tribunal is an express decision that treaty rights 
of fishing in territorial waters stand in no different 
position from any other treaty rights and that there 
is no special law of servitudes applicable to such a case, 
even if there be any such special class of servitude 
rights at all. The decision on this point has not been 
accepted in its entirety by all text-writers ; some of 
them already committed to the theory of servitudes are 
reluctant to acquiesce in an adverse judgement. But 
it is thought that the Award is a correct statement of 
international law and that it is in accordance with the 
practice of nations ; for though there is authority for 
the general doctrine of servitudes to be found in the 
opinion of jurists (and even they are not in agreement 
as to the extent and the attributes of a servitude), there 
is little or no precedent in the usage of nations. 1 
Indeed, the investigation of the matter at The Hague 
demonstrated, as is submitted, that the doctrine could 

1 For instance, the French treaty-right of fishing on the New- 
foundland coast (Treaty of Utrecht, 17 13) was renewed in express 
terms after every war between France and Great Britain. 



viii INTRODUCTION 

not be maintained, or at least could not be maintained 
to anything like the extent which has been claimed 
for it. The Mediatized States which formed the 
Germanic Confederation had mutual agreements re- 
lating to rights of way and the like which have been 
called servitudes, but this was a special case ; the 
States in those respects were really in the position of 
landowners rather than sovereigns and the rights 
were analogous to those of dominium rather than of 
imperium. Nor has this precedent ever become part 
of international law. The better opinion, therefore, 
seems to be that so-called servitudes created by treaty 
stand in no different position than other treaty rights, 
and are affected by war in no different way. 

There is another class of treaties which it seems 
reasonable to hold suspended only during war and to 
revive on the termination of hostilities, in the absence 
of any agreement to the contrary ; such, for instance, 
are the treaties which provide for extradition or the 
mutual enforcement of judgements. These treaties 
are intended to be permanent, and depend on no 
personal considerations ; they are matters of mutual 
convenience. But the law cannot be said to be definite 
on this point. 

Subject to these observations the general rule is that 
treaties are terminated by war. And indeed this is 
only natural. The more common kind of treaties 
regulating, for instance, the alliances of States, the 
economic relations of States, mutual facilities for com- 
merce all these must obviously depend on the personal 
relations of the contracting parties, and, as has been 
already observed, those personal relations cannot fail to 
be affected by war. Trade with a friend is one thing, 
trade with a nation which has till lately been a bitter 



INTRODUCTION ix 

enemy is another thing ; the conditions are altered, 
and the rule that treaties generally are abrogated at 
the outbreak of war is based on good reason. 

It has therefore been the common practice to make 
express provision in treaties of peace for the renewal 
or confirmation of such treaties existing before the war 
as the parties may agree to continue. In the absence 
of express provision it is of course still open to the 
parties to agree to the continuance in any other way, 
by diplomatic negotiation or by acquiescence. But 
in default of agreement, the general rule comes into 
force and treaties are held abrogated by war. 

It will be observed that a large number of treaties 
discussed in this book fall within the class of executed 
contracts to which States other than belligerents are 
parties. But economic treaties between the belli- 
gerents are at an end, in default of provision to the 
contrary, and that gives to the opposing States the power 
of adjusting their trade relations in accordance with 
the altered conditions which will prevail after the war. 

H. ERIE RICHARDS. 



NOTE 

IT is our pleasant duty to acknowledge the courtesy of 
the Foreign Office in affording us facilities for carrying out 
this work ; and also to thank Godfrey Hertslet, Esq., of the 
Foreign Office for allowing us to use some of his father's 
material. We desire, also, to acknowledge gratefully the 
action of H.M. Stationery Office in waiving the Government 
Copyright in respect of certain documents in Hertslet's 
Map of Europe by Treaty. For permission to use the 
material of the map of France in the last century from 
An Historical Atlas of Modern Europe (Oxford University 
Press) we are indebted to Messrs. C. Grant Robertson and 
J. G. Bartholomew. Finally, our gratitude is due to 
Professor Sir H. Erie Richards for suggestions and help 

given to us at every stage. 

A. H. O. 
R. B. M. 

March, 1918. 



CONTENTS 

CHAP. PAGE 

INTRODUCTION iii 

I. ON THE CONCLUSION OF TREATIES IN ITS TECHNICAL 
ASPECT ......... i 

II. THE RESTORATION OF EUROPE. . . . .16 
Texts : The Treaty of Vienna (1815) Epitome of 
Annexes ........ 37 

III. THE INDEPENDENCE OF GREECE .... 99 

Texts : The Treaty of London (1832) The Protocol 

of London (1830) The Treaty of London (1863) . 1 16 

IV. THE KINGDOM OF BELGIUM ..... 126 

Texts : The Treaty of London (1839) The Con- 
versations of 1906 . . . . . .141 

V. TURKEY AND THE POWERS OF EUROPE . . .158 
Texts : The Treaty of Paris (1856) The Straits 
Convention (1856) The Declaration of Paris 
(1856) 176 

VI. THE DANISH DUCHIES . . . . . .186 

Texts : The Treaty of London (1852) The Treaty 

of Vienna (1864) ...... 198 

VII. THE UNION OF ITALY ...... 210 

Texts : The Treaty of Zurich (1859) The Treaty 

of Vienna ( 1 866) ...... 226 

VIII. AUSTRIA AND PRUSSIA ...... 241 

Text : The Treaty of Prague (1866) . . .251 

IX. THE GRAND DUCHY OF LUXEMBURG .... 256 

Text : The Treaty of London (1867) 260 

X. THE FRANCO-GERMAN WAR 263 

Texts : The Preliminaries of Versailles (1871) The 
Treaty of Frankfort (1871) The Constitution of 

the German Empire ...... 274 



*ii CONTENTS 

CHAP. PAGE 

XI. TURKEY, RUSSIA, AND THE BALKAN STATES . .312 
Texts : The Treaty of London (1871) The Treaty 
of Berlin (1878) The Treaty of London (1913) 
The Treaty of Bucharest (1913) .... 330 

XII. THE TRIPLE ALLIANCE 367 

Texts : The Treaty of Vienna (1879) The Triple 
Alliance (i 903) 372 

APPENDIX : 

Text : The Treaty of San Stefano (1878) . . 377 



MAPS 

PAGE 

Napoleon's Empire . . . . . . . .16 

Partitions of Poland 20-1 

Central and Eastern Europe, 1815 . . .. . .23 

Greece, 1832-1913 .... . 101 

The Frontiers of Belgium .... . 13* 

The Union of Italy, 1859-70 . . . . .211 

Prussia, 1815-71 . 245 

France, 1814-1917 - 265 

Aspirations of the Balkan States in 1912 . . . .315 
Balkan States, 1878-1914 323 



CHAPTER I 

ON THE CONCLUSION OF TREATIES IN ITS 
TECHNICAL ASPECT 

Forms of international contract Full powers Signature 
Ratification U.S.A. Parliamentary authority Ratification 
article Permanent treaties Terminable treaties Interpre- 
tation Tariff treaties Extradition treaties. 

USAGE has not prescribed any necessary form of inter- 
national contract. 1 

Treaties, Conventions, Agreements, Declarations, &c., 
are all assumed to have the same binding force, 2 and their 
observance or repudiation are matters of conscience (or 
the want of it) on the part of the contracting parties, 
provided always that there are no considerations such as 
force majeure to prevent their fulfilment. 

In order to conclude or negotiate the more formal of 
these instruments, that is to say, Treaties and in many 
instances Conventions or Agreements, it is the practice to 
provide the negotiator with a full power from his sovereign, 
or in the case of a republic from the head of the state, 
investing him with the necessary powers for accomplishing 
his mission. 

Full powers, in the practice of Great Britain, are of two 
kinds, called, respectively, general and special full powers. 
An ambassador, for instance, appointed to reside at a foreign 
court, may be provided with a general full power covering 

1 Hall's International Law, 4th ed., p. 343, 109. 

1 Treaties, and some Conventions, are concluded in the names of 
the Sovereigns of the respective countries. Other Conventions, and 
as a rule Agreements and Declarations, are concluded in the name 
of the respective ' Governments '. To this extent they are of a less 
formal nature. 



2 THE CONCLUSION OF TREATIES 

any negotiations with a view to the conclusion of a treaty 
which he may enter upon in the course of his residence at 
that court ; a special full power, on the other hand, is 
limited to a particular occasion which is indicated. Both 
are otherwise couched in identical terms to the following 
effect : 

George, by the Grace of God, of the United Kingdom 
of Great Britain and Ireland and of the British Dominions 
beyond the seas King, Defender of the Faith, Emperor of 
India. To all and singular to whom these Presents shall 
come, Greeting ! 

Whereas, for the better treating of and arranging any 
matters [certain matters] which are now in discussion or which 
may come into discussion between Us and . . . We have 
judged it expedient to invest a fit person with Full Power to 
conduct negotiations [to conduct the said discussion] on Our 
part : Know ye, therefore, that'We, reposing especial Trust 
and Confidence in the Wisdom, Loyalty, Diligence, and Cir- 
cumspection of Our [name, style and title of Plenipotentiary] , 
have named, made, constituted and appointed, as we do 
by these Presents name, make, constitute and appoint him 
Our undoubted Commissioner, Procurator and Plenipoten- 
tiary : Giving to him all manner of Power and Authority 
to treat, adjust and conclude with such Minister or Ministers 
as may be vested with similar Power and Authority on the 
part of ... any Treaty, Convention or Agreement between 
Us and . . . [any Treaty, Convention or Agreement that may 
tend to the attainment of the above-mentioned end] and to 
sign for Us and in Our name, everything so agreed upon 
and concluded, and to do and transact all such other 
matters as may appertain thereto, in as ample manner and 
form, and with, equal force and efficacy, as We Ourselves 
could do, if personally present : Engaging and Promising, 
upon Our Royal Word, that whatever things shall be so 
transacted and concluded by Our said Commissioner, 
Procurator, and Plenipotentiary, shall, subject if necessary 
to Our Ratification, be agreed to, acknowledged and ac- 
cepted by Us in the fullest manner, and that We will never 
suffer, either in the whole or in part, any person whatso- 
ever to infringe the same, or act contrary thereto, as far 
as it lies in Our power. 

In witness whereof We have caused the Great Seal of 



SIGNATURE 3 

Our United Kingdom of Great Britain and Ireland to be 
affixed to these Presents, which We have signed with Our 
Royal Hand. 

Given at Our Court of ... the . . . day of ... in the 
year of Our Lord one thousand nine hundred and . . . 
and in the . . . Year of Our Reign. 

The words printed in italics between square brackets are 
those of the special full power. 

The document bears the Royal sign manual. 

Before entering upon negotiations, the Plenipotentiaries 
produce to each other their respective full powers. Every 
treaty, after reciting in its preamble its object and the 
names of the Plenipotentiaries, goes on to say, ' Who, after 
having communicated to each other their respective Full 
Powers, found in good and due form, have agreed upon the 
following articles. . . .' 

The treaty between two states which results from the 
negotiations thus authorized, is signed in duplicate by the 
respective Plenipotentiaries, and in the language of each 
of them in parallel columns. In a treaty between, say, 
Great Britain and France, the signature of the British 
Plenipotentiary comes first in the copy to be retained by 
the British Government, and that of the French Plenipo- 
tentiary last. Conversely, in the copy to be retained by the 
French Government the signature of the French Plenipo- 
tentiary comes first and that of the British Plenipotentiary 
last. Similarly, in the preamble of the English copy, the 
name of the English monarch is mentioned first, and in 
that of the French copy the name of the President of the 
French Republic. 

On the conclusion of the treaty, the English copy is 
sent home for preservation amongst the British official 
archives, and the ratification of the Sovereign is prepared 
in the following form : 

George, by the Grace of God, of the United Kingdom 
of Great Britain and Ireland and of the British Dominions 

B 2 



4 THE CONCLUSION OF TREATIES 

beyond the seas King, Defender of the Faith, Emperor of 
India. To all and singular to whom these Presents shall 
come, Greeting ! 

Whereas a [Treaty or as the case may be] between Us 
and . . . was concluded and signed at ... on the . . . day 
of ... in the year of Our Lord one thousand nine hundred 
and ... by the Plenipotentiaries of Us and of ... duly 
and respectively authorized for that purpose, which 
[Treaty] is word for word as follows : [here follows a copy 
of the Treaty from beginning to end in both texts, as in 
the original, including the signatures and seals (L. S.) l also 
in copy], 

We, having seen and considered the [Treaty] aforesaid, 
have approved, accepted and confirmed the same in all and 
every one of its Articles and Clauses, as We do by these 
Presents approve, accept, confirm and ratify it for Our- 
selves, Our Heirs and Successors ; engaging and promising 
upon Our Royal Word that We will sincerely and faithfully 
perform and observe all and singular the things which are 
contained and expressed in the [Treaty] aforesaid, and that 
We will never suffer the same to be violated by any one, 
or transgressed in any manner, as far as it lies in Our power. 
For the greater testimony and validity of all which We have 
caused the Great Seal of Our United Kingdom of Great 
Britain and Ireland to be affixed to these Presents, which 
We have signed with Our Royal Hand. 

Given at Our Court of ... the . . . day of ... in the 
year of Our Lord one thousand nine hundred and . . . 
and in the . . . year of Our Reign. [Here follows the Royal 
signature.] 

This ratification is then sent to the British representative 
at the Court of the other signatory Power, to be exchanged 
against a similar document issuing from the latter, which 
is then sent home to be preserved amongst the official 

1 The letters L. S., enclosed in a circle, and placed on the left of 
the copy of a signature to a treaty or other document, indicate 
the place where the seal is affixed in the original document (Locus 
sigilli). It is usual in treaties occupying more than one folio page 
to connect the several pages together with a narrow ribbon of the 
national colours. The ends of the ribbons are then collected together 
on the last page of the document opposite the signatures, and the 
seals of the different Plenipotentiaries are impressed in wax upon 
them as a security against fraudulent abstraction of any of the pages. 



RATIFICATION 5 

archives. It is customary for the representative in question 
and the Minister for Foreign Affairs of the other signatory 
Power to sign a protocol recording the fact that the ex- 
change of the ratifications has been duly effected. 

In the case of a general treaty between several Powers, 
the ratifications are sometimes deposited in the archives of 
the country in which the treaty is signed, as, for instance, 
those of the London Treaty of March 10, 1883, respecting 
the navigation of the Danube ; those of the General Act 
of Brussels of July 2, 1890, respecting the African Slave 
Trade, &c. : thus the multiplication of ratifications is 
avoided. 

The practice of the United States differs in one respect 
from the procedure above indicated. According to the 
constitution of that country, the treaty-making power is 
vested in the President, subject to the approval of two- 
thirds of the Senate, and there are instances on record 
in which the Senate has introduced amendments into a 
treaty as a condition of its acceptance. If such amend- 
ments are not accepted by the other party to the treaty, the 
treaty remains inoperative, as in the case of the ' Clarendon- 
Dallas ' Treaty of October 17, 1856, relating to Central 
America, 1 or the Treaty of Versailles, 1919. 

In the United States a treaty duly ratified by the Senate, 
and entering into force, becomes ipso facto a portion of the 
law of the land. This is not so in England, and care has 
therefore to be taken in negotiating a treaty that its 
stipulations are not antagonistic to the law, or if they are 
so, that the law be amended so that it shall agree with the 

1 Stale Papers, vol. xlvii, p. 677. See also United States Rati- 
fication with Amendments on p. 687 of the same volume. The 
question whether it would be possible for the Queen to ratify an 
engagement which had not been signed by a Plenipotentiary on the 
part of Her Majesty, was incidentally raised by Lord Clarendon on 
the receipt of the United States Ratification with Amendments ; 
but as the Amendments were not accepted by Great Britain, this 
question did not assume a concrete form, but remained an open 
problem (see p. 692 of the same volume). 



6 THE CONCLUSION OF TREATIES 

treaty; otherwise a government may find itself in the 
position of being bound towards a foreign country to give 
effect to stipulations which the law of the land forbids 
it to carry out. In this connexion it may be mentioned 
that a stipulation involving a money payment by England 
has been thus guardedly worded, ' Her Majesty undertakes 
to recommend to Her Parliament to vote a sum of money,' 
or words to that effect. Another case in point is that of 
Heligoland. Article XII of the Anglo-German Agreement 
of July i, 1890, says : ' Subject to the Assent of the 
British Parliament, the Sovereignty over the Island of 
Heligoland, together with its dependencies, is ceded by Her 
Britannic Majesty to His Majesty the Emperor of Germany.' * 
It has been held in some quarters that no such assent 
was necessary, and that it constituted a surrender of the 
Queen's Prerogative. Be that as it may, an Act of Par- 
liament was passed on August 4, 1890, assenting to the 
carrying out of this Agreement. 2 The Commercial Treaty 
of 1860 with France also contained many undertakings to 
recommend to Parliament the reduction of duties agreed 
to, subject to Parliament's assent. Thus no breach of the 
treaty would result from any failure on the part of the 
Parliament to comply with the recommendation. 

In the case of general treaties between several Powers, 
concluded as a rule in the French language, the Plenipo- 
tentiaries sign in alphabetical order of countries : thus 
the German Plenipotentiary would sign under the letter A 
(Allemagne) ; those of Spain and the United States under 
the letter E (Espagne, Etats-Unis). This principle was 
adopted in the Vienna Congress Treaty of 1815. Never- 
theless, the British copy of the General Act of Brussels of 
1890 (relating to the African Slave Trade) was signed first 
by the British Plenipotentiaries, the others following in the 
alphabetical order of their countries. 

1 State Papers, vol. Ixxxii, p. 46. 

* 53 & 54 Vic. ca P- 3 2 - State Papers, vol. Ixxxii, p. 668. 



RATIFICATION ARTICLE 7 

The Treaty of Berlin, I878, 1 presents another variation 
of this principle. In the preamble of the British copy, 
Great Britain is mentioned first, then France, then the 
remainder in their alphabetical order. In signing, Great 
Britain came first, then Turkey, then the others in alpha- 
betical order. No absolute rule is followed. With regard 
to the now customary use of the French language in general 
treaties between several Powers, it is to be observed that 
every country has strictly the right to require that its 
own version of a treaty shall be expressed in its own 
language. In departing from this custom, for the sake of 
convenience, in the Vienna Congress Treaty of 1815, it 
was expressly laid down in Article CXX of that instrument 
that the use of the French language therein should not be 
construed into a precedent for the future ; that every 
Power, therefore, reserved to itself the adoption in future 
negotiations and conventions of the language it has hereto- 
fore employed in its diplomatic relations ; and that that 
treaty should not be cited as a precedent contrary to the 
established practice. 

All treaties and conventions contain, or should contain, 
a ratification article. Although its absence is no bar 
to ratification, it sets at rest all doubt as to the in- 
tention. 2 There are instances in which the less formal 
' Agreement ' has received ratification, though unprovided 
with a stipulation requiring it. 

The ratification article is generally the last one in the 
treaty, and is couched in terms to the following effect : 
' The present Treaty [Convention] shall be ratified and the 
Ratifications shall be exchanged at ... within . . . weeks, 
or sooner if possible.' Occasionally no limit of time is 
stated, the words ' as soon as possible ' being employed. 
It has sometimes happened that when the exchange of 

1 State Papers, vol. Ixix, p. 749. 

1 Of course, a treaty such as the ' Holy Alliance ', which wa3 
signed by the Sovereigns themselves, does not require ratification. 



3 THE CONCLUSION OF TREATIES 

ratifications has been delayed beyond the stipulated time, 
an agreement has been signed extending that time. On 
other occasions of the same kind the exchange has taken 
place notwithstanding the expiration of the period, and 
nothing said about it. 

In modern times Treaties of Commerce have almost 
invariably been made terminable at the end of a certain 
specified time, subject to one of the parties thereto giving 
notice to the other of an intention to terminate it. Such a 
notice is often referred to as a ' Denunciation ' of the treaty. 

Article 25 of the Anglo-Belgian Treaty of Commerce and 
Navigation of July 23, I862, 1 declares that ' The present 
Treaty shall continue in force for ten years dating from 
the tenth day after the exchange of the Ratifications. In 
case neither of the two Contracting Parties should have 
notified, twelve months before the end of the said period, 
its intention to terminate the Treaty, it shall remain in 
force until the expiration of a year dating from the day on 
which either of the High Contracting Parties shall have 
given notice for its termination.' An Article similar in its 
terms is now introduced generally into Treaties of Commerce. 

In denouncing a treaty under the powers conferred by 
a stipulation of the above purport, no particular form or 
procedure is laid down. In the case of the Belgian Treaty 
of 1862, and of that with the Zollverein of May 30, 1865, 
both of which were denounced by Great Britain on July 28, 
1897, the following procedure was adopted : On that date 
the Secretary of State for Foreign Affairs, Lord Salisbury, 
addressed a dispatch to the British Minister at Brussels in 
the following terms : ' I have to request that you will at 
once give notice of the intention of Her Majesty's Govern- 
ment to terminate the Treaty of Commerce and Navigation 
between Great Britain and Belgium signed on the 23rd July, 
1862. In virtue of the stipulations contained in Article XXV, 
the Treaty will accordingly terminate upon the expiration 
1 State Rapers, vol. lii, p. 8. 



of a year dating from the day upon which you give the 
notice.' 1 An exactly similar dispatch (mutatis mutandis) 
was addressed on the same day to the British Ambassador 
at Berlin denouncing the Zollverein Treaty of 1865. The 
reason for these denunciations, as explained in subsequent 
correspondence, was that these two treaties contained an 
unusual stipulation under which Belgian and German 
merchandise, respectively, was entitled to admission to 
British Colonies on the same terms as merchandise from 
Great Britain, the mother country. This treatment ex- 
tended, under the operation of the ' most favoured nation ' 
Article, to all other countries having commercial treaties 
with Great Britain. Canada was at that moment elaborat- 
ing a law granting preferential treatment to the merchandise 
of the United Kingdom, in which foreign nations should 
not participate, and it became necessary, therefore, to get 
rid of the two obnoxious treaties which, as long as they 
continued in force, would entitle all foreign countries to 
participate in advantages intended for Great Britain only, 
thus making preferential treatment of the mother country 
impossible. The British representatives at Brussels and 
Berlin gave notice to the respective Governments, as 
instructed, and the two treaties lapsed in due course. 

It is not unusual, and it is certainly desirable, to notify 
in the official press that a foreign country has denounced 
a treaty. In the instance quoted above, the Belgian 
Government announced the British denunciation of their 
treaty in the Moniteur Beige of August i, 1897. Again, 
when the Hawaiian Government, in 1878, denounced certain 
Articles of their Treaty with Great Britain of July 10, 
1851, a notice announcing the fact was published in the 
London Gazette of February 19, 1878.2 When, in 1896, the 
Dominican Republic denounced their Treaty of March 6, 
1850, by a Note from their Minister of Foreign Affairs to 

1 Slate Papers, vol. Ixxxvi, p. 324. 
1 Ibid., vol. Ixix, p. 616. 



io THE CONCLUSION OF TREATIES 

the British Secretary of State, the fact was announced in 
the London Gazette of August 21, i8g6, 1 and similarly in 
other cases the same course has been followed. 

Speaking generally, political treaties are of a permanent 
character, and are not made subject to termination, unless 
their nature is such as to render that course desirable or 
obvious ; but there are other treaties besides those for 
regulating commercial intercourse, which are as a rule 
terminable on denunciation, for instance, Extradition 
Treaties and others treating of a particular subject. 
Article XI of the Treaty of August 9, 1842, between Great 
Britain and the United States, declares that the tenth 
Article (which deals with the Extradition of fugitive 
criminals) 'shall continue in force until one or the other 
of the parties shall signify its wish to terminate it, and no 
longer '. 2 The Extradition Treaty between Great Britain 
and Serbia of November 23, 1901, Article i8, 3 provided 
that ' The present Treaty . . . may be terminated by either 
of the High Contracting Parties at any time on giving to 
the other six months' notice of its intention to do so ' ; 
that between Great Britain and Spain of June 4, 1878, 
contained a similar stipulation (Article 17).* Many other 
instances might be quoted, such as the Agreement with 
Denmark of June 21, 1881, respecting merchant seamen 
deserters, 5 terminable on one year's notice ; a similar 
Agreement of July 25, 1883, respecting relief of distressed 
seamen, 6 also terminable on one year's notice ; Agreement 
with Portugal respecting Money Orders, January 17, 1883,' 
terminable on six months' notice, &c. 

A treaty which is not, in virtue of its stipulations, ter- 
minable in the manner described, can in strictness be 
terminated only by mutual agreement between the con- 
tracting parties, or by the occurrence of a war between 

1 State Papers, vol. Ixxxviii, p. 214. 

* Ibid., vol. xxx, p. 366. 3 Ibid., vol. xcii, p. 46. 
4 Ibid., vol. Ixix, p. 12. 5 Ibid., vol. Ixxii, p. 6. 

Ibid., vol. Ixxiv, p. 77. 7 Ibid., vol. Ixxiv, p. 5. 



TERMINABLE TREATIES II 

them, war being considered, with certain exceptions, as 
having the effect of abrogating treaties, or by the advent 
of special circumstances incompatible with its continued 
observance. These arc matters which need not here be 
entered into : it will be sufficient to note one well-known 
instance in which an abrogation without consent has been 
attempted, namely, in the case of the Black Sea Articles 
of the Treaty of Paris of 1856, regarding which the Russian 
Government announced, in 1870, that it held itself to be 
emancipated. Great Britain replied that it had always 
been held that the right of releasing a party to a treaty 
belonged only to the Governments which had been parties 
to the original instrument. Russia's bare announcement 
of withdrawal, if acquiesced in, would result in the entire 
destruction of treaties in their essence. Russia thereupon 
abandoned the position she had taken up, and a conference 
was held in London at which the articles objected to were 
amended by common consent, and a Declaration was at 
the same time signed by the Powers (including Russia) on 
January 17, 1871, recognizing ' that it is an essential 
principle of the Law of Nations that no Power can liberate 
itself from the engagements of a Treaty, nor modify the 
stipulations thereof, unless with the consent of the Con- 
tracting Powers by means of an amicable arrangement '.* 
The Treaty for the revision of the Black Sea Articles of 
the Treaty of 1856 was signed on March 13, i87i. 2 Russia, 
therefore, gained her ends, or some of them, while the 
' essential principle of the Law of Nations ' was vindicated 
by the assent of the Powers. The annexation of Bosnia 
and Herzegovina by Austria, on October 8, 1908, was in 
effect a repudiation of Article XXV of the Treaty of Berlin, 
July 13, 1878, although in her circular to the Powers 
announcing the annexation, the Austrian Government 
simply ignored the existence of the Treaty. 

1 Stale Papers, vol. Ixi, p. 1198. 
* Ibid., vol. Ixi, p. 7. 



12 THE CONCLUSION OF TREATIES 

In order to avoid disputes respecting the true interpre- 
tation of a treaty when signed in more than one language, 
it has occasionally been agreed that in the event of discre- 
pancy between the different ' texts ', one or other of them 
shall be held to convey the intentions of the negotiators. 
Thus, in the Treaty of Peace between Japan and Russia 
signed at Portsmouth (United States) on September 5, 
1 905,* it was agreed, in Article XV, as follows : ' The 
present Treaty shall be signed in duplicate, in both the 
English and French languages. The texts are in absolute 
conformity, but in case of discrepancy in interpretation, 
the French text shall prevail.' 

Some commercial treaties are accompanied by a tariff of 
import and export duties to be charged on goods by the 
respective contracting parties. Others are not accompanied 
by any tariff, and depend mainly on the ' most favoured 
nation ' articles. A good example of a tariff treaty is that 
of 1860 between Great Britain and France, 2 generally 
associated with the name of Richard Cobden, who was one 
of the Plenipotentiaries negotiating it. This treaty re- 
mained in force until May 15, 1882, when it was replaced 
by the Convention for the regulation of Commercial and 
Maritime Relations signed at Paris on February 28, 1882, 
which came into operation on May 16. The Treaty of 
January 23, 1860, contained an enumeration of articles 
upon which an ad valorem duty should be charged, and the 
Supplementary Conventions of October 12, i86o, 3 and 
November 16, 1860,* were accompanied by full tariffs of 
import duties on British goods imported into France. The 
changes in the duties arranged for in the Treaty of 
January 23 were made subject to the consent of the 
British Parliament. 

The tariffs of 1860 came to an end by the operation of 
the Convention of 1882, which declared that the import 

1 State Papers, vol xcviii, p. 735. * Ibid., vol. 1, p. 13. 

* Ibid., vol. 1, p. 31. * Ibid., vol. 1, p. 48. 



TARIFF TREATIES 13 

duties should thenceforth be regulated by the internal 
legislation of the two countries, while in all other matters 
' most favoured nation treatment ' was mutually guaran- 
teed. The Convention also dealt with the coasting trade, 
fisheries, taxes, residence, shipping, patterns, trade marks, 
and other kindred subjects, granting either ' most favoured 
nation ' or ' national ' treatment. 

Some of these matters, as a rule, form the subject of 
separate treaties or agreements. Extradition, for ex- 
ample, is almost always treated separately. An Extra- 
dition Treaty contains a list of crimes, the commission of 
any of which will entail the surrender of the criminal, 
and it is usual to insert an article in such a treaty to the 
effect that the contracting parties reserve to themselves 
the right to refuse to surrender their own nationals : some- 
times they declare categorically that they will not surrender 
them. 

The question of capital punishment (in the case of 
murder) has sometimes proved an impediment to the con- 
clusion of an Extradition Treaty. Portugal is a case in 
point, but in the treaty between Great Britain and that 
country of October 17, I8Q2, 1 the difficulty was got over 
by the acceptance by Great Britain of a reservation in 
Article II to the following effect : ' The Portuguese 
Government will not deliver up any person either guilty or 
accused of any crime punishable with death.' This treaty, 
so far as Great Britain was concerned, was therefore in- 
complete, because Portugal could retrieve her murderers 
from Great Britain, while the latter enjoyed no reciprocity 
in this respect. However, the disadvantages were no doubt 
deemed to be overbalanced by the advantage of possessing 
a workable arrangement in respect of minor crimes, and the 
treaty, though one-sided, was concluded. 

It may be useful to indicate in a few words the customary 
manner of proceeding on the meeting of a Congress or a 
1 Stale Papers, vol. Ixxxiv, p 83. 



14 THE CONCLUSION OF TREATIES 

Conference to discuss international questions with a view 
to concluding a treaty for their settlement. 

Such meetings, when taking place in London, are almost 
invariably held at the Foreign Office, 1 and a similar practice 
is no doubt followed at other capitals where structural 
arrangements permit, the respective Ministries for Foreign 
Affairs being the most convenient for purposes of reference 
to international documents. 

The Paris Conferences in 1856 on the conclusion of the 
Crimean War, for instance, were held at the Ministry for 
Foreign Affairs. On that occasion, at the first meeting 
on February 25, the Austrian Plenipotentiary opened the 
proceedings by proposing that the Presidency of the 
Conference should be conferred upon Count Walewski, 
the first French Plenipotentiary, not only, he said, because 
precedents pointed to this course, but also because it 
constituted a mark of respect towards the Sovereign whose 
hospitality the Representatives of Europe were at that 
moment enjoying. This proposal having been unanimously 
agreed to, Count Walewski, after thanking the Plenipo- 
tentiaries for the honour conferred upon him, proposed 
to confide the editing of the protocols of the meetings to 
M. Benedetti, the Director of the political affairs of the French 
Foreign Office, who was thereupon introduced. The Official 
occupying this post is called the ' Protocolist '. The 
Plenipotentiaries then proceeded to the verification of 
their respective full powers, after which they undertook 
to preserve absolute secrecy as to their proceedings in 
Conference. Their first business was to declare an armistice 
between the late belligerents for the duration of the 
Conference. 2 

Take, again, the London Conferences of 1867 (held at 
the Foreign Office) on the question of the Grand Duchy 

1 The Conference of London, however, at the conclusion of the 
First Balkan War, 1913, was held at the Palace of St. James. 
* State Papers, vol. xlvi, p. 63. 



PROCEDURE AT CONFERENCES 15 

of Luxemburg. At the first meeting the Austrian Plenipo- 
tentiary proposed that Lord Stanley, the English Secretary 
of State for Foreign Affairs, should be invited to assume 
the Presidency of the Conference. Lord Stanley then 
proposed Mr. Julian Fane, British Secretary of Embassy at 
Paris, as the Protocolist, and he was introduced accordingly. 
Then came the verification of the full powers. 1 

The same course with little variation was adopted at 
the London Conference of 1883 respecting the navigation 
of the Danube. The German Plenipotentiary at the first 
meeting on February 8 proposed Earl Granville, British 
Secretary of State for Foreign Affairs, for the Presidency, 
and the latter proposed Mr. J. A. Crowe of the Consular 
and Diplomatic Services, as Secretary 2 (no doubt intended 
as a synonymous term with Protocolist). 

It is to be presumed that these appointments of Officers 
are decided by previous understanding amongst the Pleni- 
potentiaries, hence that unanimity which is a feature of 
the plenary proceedings in this connexion. 

Concerning the order of discussions, a similar procedure 
may be to some extent adopted. For the rest, a perusal 
of a variety of Protocols of Conferences (or Minutes of 
Meetings, as they would be called in less important unofficial 
circumstances) leads to an impression that discussions are 
there conducted much on the lines of a Committee of the 
House of Commons when considering a Bill before the House. 
Members are not limited to one speech apiece, but rise from 
time to time to give voice to their ideas in words many or 
few, as the spirit moves them or the complaisance of their 
audience can tolerate. 

1 State Papers, vol. Ix, p. 497. 2 Ibid., vol. Ixxiv, p. 1231. 



CHAPTER II 
THE RESTORATION OF EUROPE 

The French Revolution The Revolutionary Wars The First 
Peace of Paris Speech of the Prince Regent Congress of 
Vienna The Final Act The Balance of Power Poland 
France Alexander I The Peace of Ghent Alliance of Three 
States Italy Colonies Navigation of Rivers Slave trade 
Duration of Vienna Settlement Holy Alliance Great Britain 
and the Holy Alliance Second Peace of Paris. 

Texts : The Treaty of Vienna (1815) Epitome of Annexes. 

THE Congress of the European Powers which assembled 
at Vienna in the year 1814 was an indirect outcome of 
the French Revolution of the previous century, owing to 
the devastating wars to which that event gave rise. 

The French Revolution is reckoned to have commenced 
with the destruction of the Bastille in July 1789. For 
some time previously the country, and in particular the 
capital, had been in a state of unrest owing, in great 
measure, to the unequal taxation of the people, and the 
privileges enjoyed in this and other respects by the aristo- 
cracy and clergy. Matters having been brought to a head, 
the condition of affairs rapidly went from bad to worse. 
The King, Louis XVI, professed, and no doubt entertained, 
the best intentions for ameliorating the condition of the 
people, though there were others who were averse from 
all concessions, while on the side of the people there 
were many leaders who from various motives were bent 
upon pushing matters to a crisis. The intrigues of the 
democratic faction were prosecuted with success. Men 
and women of the lowest class were instigated to go 
to Versailles to demand bread. Riots ensued. The King 
submitted to a demand that he should return to Paris, 




1903 



iS CONGRESS TREATY OF VIENNA, 1815 

where in due course he virtually became a prisoner. He 
escaped with the royal family in 1791, but was recaptured 
at Varennes and taken back to the capital, where, though 
still ostensibly King, he was entirely in the hands of the 
Assembly. Some pourparlers on behalf of the King had 
taken place with certain Continental Powers (Austria, 
Spain, and others) for military co-operation together with 
a royalist army, with a view to the restoration of tranquillity 
in France. The original scheme did not mature, but never- 
theless a coalition of the Powers against France was effected 
in 1792, and the great French War was inaugurated by the 
invasion of France by Austrian and Prussian troops. They 
were repulsed by the Revolutionary Armies : the Province 
of Flanders was seized as well as all the Netherland Pro- 
vinces except Luxemburg. Successful operations were also 
conducted by the Revolutionary General Custine in Ger- 
many. Savoy was also acquired by the French. In Sep- 
tember 1792 the French Republic was proclaimed. 

The success of Custine in Germany encouraged the 
Assembly to aim at further conquests, but its immediate 
attention was chiefly devoted to the process against the 
deposed representative of the House of Bourbon. It was 
proposed that he should be tried for his offences against 
the State. Robespierre and others denied the necessity of 
a trial, alleging that his criminality was undoubted, and 
that immediate condemnation was the proper treatment 
for a tyrant. However, the Girondist faction insisted on 
a previous inquiry, although they admitted his guilt. 
Louis was accordingly tried for treason against the nation, 
was condemned to death; and was executed on January 21, 
1793. The Queen was beheaded in October of the same 
year. 

It is easy to understand that the desperate condition of 
affairs in France, the anarchy, the massacres, and the 
outrages committed in the name of Liberty, Equality, and 
Fraternity, alarmed and disconcerted the monarchs and 



CONGRESS TREATY OF VIENNA, 1815 19 

governments of neighbouring States, who feared lest the 
contagion should spread within their own borders. A 
coalition of the Powers against France was therefore not to 
be wondered at. Great Britain concluded treaties of 
subsidy and alliance against France with several of the 
European Powers, 1 and hostilities became general. France 
declared war against England in 1793, and with the ex- 
ception of an interlude of peace of. one year which followed 
on the signature of the Treaty of Amiens in 1802, the war 
continued until the year 1814. Its character underwent 
some change as time went on. The appearance of Napoleon 
upon the scene, his elevation to the post of First Consul 
in 1799 and to the position of Emperor in 1804, his con- 
quests and annexations of various territories, his ambition 
to become the arbiter of the affairs of Europe, as he was 
certainly the disturber of its peace, resulted finally in 
an alliance of the Powers against himself personally. 
An invasion of France took place, Paris was surrendered 
to the Allies on March 31, 1814, the Bourbon dynasty 
was restored in the person of Louis XVIII (Louis XVII 
had died a prisoner in France in June 1795, never having 
ascended the throne), and Napoleon was deported to 
the Island of Elba, where he arrived on May 4, 1814, 
Louis having entered Paris on the previous day. It was 
then that the ' First Peace of Paris ' was negotiated between 
Louis XVIII and the Allies. 

This treaty, to which Great Britain, Austria, Portugal, 
Prussia, Russia, Spain, Sweden, and France were parties, 
was signed at Paris on May 30, i8i4. 2 

The preamble to the British version (as laid before 
Parliament) declared that His Majesty the King of the 

1 The subsidy treaties are in G. F. von Martens, Nouveau Rcctieil 
de Traitis, vols. v, vii, and Supplemens, vol. v. 

1 Separate treaties in identical terms were, in fact, concluded 
between France and each of the above-named Allied Powers, all 
dated May 30, 1814, with the exception of that with Spain, which 
was dated July 20. The whole, together, constitute ' The Treaty 
of Paris ', and are to be regarded as one document. 

C 2 



22 CONGRESS TREATY OF VIENNA, 1815 

United Kingdom of Great Britain and Ireland, and his 
Allies, on the one part, and His Majesty the King of France 
and of Navarre, on the other part, animated by an equal 
desire to terminate the long agitations of Europe and the 
sufferings of mankind, by a permanent peace, founded upon 
a just repartition of force between its States, and containing 
in its stipulations the pledge of its durability, &c., had 
named Plenipotentiaries to sign a treaty of peace and 
amity. The British Plenipotentiaries were Lord Castle- 
reagh, Lord Aberdeen, Lord Cathcart, and Sir Charles 
Stewart, all of whom, with the French Plenipotentiary, 
the Prince de BneVent, signed the British copy of the 
treaty. 1 

Article I contained the usual peace and friendship stipu- 
lation. Article II declared that the limits of France (with 
certain modifications) should be the same as they existed 
on January i, 1792. Article III particularized these limits 
as modified. Article IV dealt with the road connecting 
Geneva with other parts of Swiss territory. Article V 
stipulated for the free navigation of the Rhine. Article VI 
provided for an increase of territory for Holland, for the 
independence of the States of Germany and the Government 
of Switzerland and Italy. Article VII declared that Malta 
should belong in full sovereignty to His Britannic Majesty. 
Articles VIII to XI provided for the restoration of certain 
colonies to France, and the cession of others to Great 
Britain, &c. By Article XII Great Britain guaranteed 
most favoured nation treatment in India to French subjects 
and commerce, and France undertook to erect no fortifi- 
cations on her possessions on the continent of India. 
Article XIII replaced French fishery rights in Newfound- 
land on the footing of 1792. Article XV dealt with the 
disposal of the arsenals and ships of war, &c., found in the 
ports of the territories to be evacuated by France, and 
further declared Antwerp to be solely a commercial port. 
1 Stale Papers, vol. i, p. 151. 



24 CONGRESS TREATY OF VIENNA, 1815 

Article XVI secured the non-molestation of individuals for 
action taken during the war, and Article XVII provided 
that inhabitants of ceded territories should be at liberty, 
if they thought fit, to retire to other countries within a 
period of six years. By Article XVIII the Allied Govern- 
ments renounced all pecuniary claims on France against 
a similar renunciation by France. By Article XIX France 
undertook to liquidate all debts owing by her beyond her 
own territories, and Article XX provided for the execution 
by commissioners of the stipulations of the two preceding 
Articles. Articles XXI to XXXI had reference to debts, 
claims of individuals, Caisses d'Amortissement, pensions, 
abolition of the Droits d'Aubaine, restoration of documents 
belonging to ceded countries, &c. 

Article XXXII ran as follows : ' All the Powers engaged 
on either side in the present war shall, within the space 
of two months, send Plenipotentiaries to Vienna for the 
purpose of regulating, in General Congress, the arrange- 
ments which are to complete the provisions of the present 
Treaty.' 

Article XXXIII contained the usual ratification clause. 

Such was the purport of the treaty known as the First 
Peace of Paris, to which were added some additional and 
secret articles touching the Austrian possessions in Italy, 
the territories of Sardinia, the organization of Switzerland, 
the acquisition of territory by Holland, the abolition of 
the slave trade, 1 prisoners of war, claims, the Duchy of 
Warsaw, and kindred subjects. 

1 The additional Article on the subject of the slave trade runs 
as follows : ' His Most Christian Majesty concurring without 
reserve in the sentiments of His Britannic Majesty with respect to 
a description of traffic repugnant to the principles of natural justice 
and of the enlightened age in which we live, engages to unite all his 
efforts to those of His Britannic Majesty at the approaching Congress 
to induce all the powers of Christendom to decree the abolition of 
the Slave Trade, so that the said trade shall cease universally, as 
it shall cease definitively, under any circumstances, on the part of 
the French Government in the course of five years ; and that during 
the said period no Slave Merchant shall import or sell Slaves except 



CONGRESS TREATY OF VIENNA, 1815 25 

The Prince Regent of Great Britain, in his speech closing 
Parliament on July 30, I8I4, 1 said : 

I have the satisfaction of contemplating the full accom- 
plishment of all those objects for which the war was either 
undertaken or continued ; and the unexampled exertions 
of this country, combined with those of His Majesty's 
Allies, have succeeded in effecting the deliverance of 
Europe from the most galling and oppressive tyranny 
under which it has ever laboured. The restoration of so 
many of the ancient and legitimate Governments of the 
Continent affords the best prospect of the permanence of 
that Peace which, in conjunction with His Majesty's Allies, 
I have concluded : and you may rely on my efforts being 
directed at the approaching Congress to complete the settle- 
ment of Europe which has been already so auspiciously 
begun ; and to promote, upon principles of justice and 
impartiality, all those measures which may appear best 
calculated to secure the tranquillity and happiness of all 
the nations engaged in the late war. 

The General Congress stipulated for in Article XXXII 
of the Treaty of Paris quoted above met accordingly at 
Vienna in September 1814, and concluded its labours on 
June 19, 1815, the General Treaty resulting therefrom being 
dated June 9, 1815. The British Plenipotentiaries were 
Lord Castlereagh, the Duke of Wellington, Lords Clancarty, 
Cathcart, and Stewart. Only the three latter signed the 
Treaty on behalf of Great Britain, the two former having 
been previously recalled from Vienna, the Duke of Welling- 
ton in order to take command of the army in the Nether- 
lands to oppose Napoleon, who having escaped from Elba 
in March, was once more entering upon an armed resistance 
to the Allies. The ' Hundred Days ' culminated in Napo- 
leon's defeat at Waterloo on June 18, 1815, and his eventual 
deportation to St. Helena as a prisoner, where he died in 

in the Colonies of the State of which he is a subject.' See also De- 
claration of February 8, 1815 (Annex XV to the Congress Treaty of 
Vienna), Slate Papers, vol. iii, p. 971. See also Resolutions signed 
at Verona, November 28, 1822, State Papers, vol. x, p. 109. 
1 Slate Papers, vol. i, p. n. 



26 CONGRESS TREATY OF VIENNA, 1815 

1821. Meanwhile, the Treaty of the Congress of Vienna 1 
was signed by the Plenipotentiaries then remaining at 
Vienna, and Louis XVIII, reinstated on the throne, re- 
turned to Paris. 

The Congress Treaty (generally known as the Final Act 
of the Vienna Congress) dealt with many matters concerned 
with the ' just repartition of force amongst the States of 
Europe ' alluded to in the Preamble of the Treaty of Paris 
of May 30, 1814. Some of these matters were not specific- 
ally treated of in the last-named treaty, but constituted 
the ' arrangements which were to complete ' its provisions. 
The Powers represented at the Vienna Congress were Great 
Britain, Austria, France, Portugal, Prussia, Russia, Spain, 
and Sweden. Spain did not sign the treaty, but she acceded 
to it by an Act dated June 7, 1817. 

The Congress Treaty was accompanied by seventeen 
annexes which really formed part of the principal treaty. 
An epitome of them, indicating their nature and contents, 
will be found at the end of the treaty (page 95). Some of 
them are embodied verbatim or in substance in the treaty. 
They are enumerated in Article CXVIII. 

The task virtually imposed upon the Powers assembled 
in Congress at Vienna, in pursuance of the provisions of the 
First Peace of Paris, was the reconstruction of Europe with 
a view mainly to the re-establishment of the ' Balance 
of Power ' which, in so far as it had ever existed, had been 
overthrown by the Napoleonic wars. In the elaboration 
of this idea it was inevitable that due weight should be given 
to considerations of expediency and compromise. The 
Congress had, in fact, to reconstruct a Continent which 
had undergone many changes during a period of twenty 
years. In the process of reconstruction the principle of 
legitimism was adopted by the Congress, and this served 
to eliminate certain discordant elements. Still Poland 
and Saxony and German nationalism continued to present 
1 State Papers, vol. ii, p. 3. 



CONGRESS TREATY OF VIENNA, 1815 27 

difficulties. Russia sought compensation in Poland in 
return for her sacrifices ; Prussia looked for compensa- 
tion from Saxony ; Austria, on the other hand, was dis- 
inclined to concede to Prussia too great a preponderance 
in Germany ; while England and France were jealous of 
the aggrandizement of Russia. In the end a compromise 
was effected, each party relinquishing a portion of its claims. 

The doctrine of expediency and compromise is further 
illustrated by Article I of the Congress Treaty, which deals 
with Poland, and was said to have emanated directly from 
the Emperor Alexander I of Russia. In a correspondence 
between Great Britain and Russia in 1863, on the existing 
rebellion in Poland and the failure of Russia to carry out 
the promised reforms in that country, there appears a 
dispatch from Earl Russell to the British Ambassador at 
the Court of the Tsar alluding to the course adopted at the 
Congress in the matter. ' In 1815,' his Lordship wrote, 
' Great Britain, Austria, France, and Prussia would have 
preferred to the arrangement finally made, a restoration of 
the ancient Kingdom of Poland as it existed prior to the 
first partition of 1772, or even the establishment of a new 
independent Kingdom of Poland, with the same limits as 
the present Kingdom. The great army which the Emperor 
Alexander then had in Poland, the important services 
which Russia had rendered to the Alliance, and, above all, 
a fear of the renewal of war in Europe, combined to make 
Great Britain, Austria, and Prussia accept the arrangement 
proposed by the Emperor Alexander, although it was, in 
their eyes, of the three arrangements in contemplation 
the one least likely to produce permanent peace and 
security in Europe.' l 

The fear of a renewal of war was by no means unwar- 
ranted. The conflicting interests of the principal Powers 
manifested themselves in the preliminary discussions which 
took place prior to the meeting of the full Congress. 
1 State Papers, vol. liii, p. 914. 



28 CONGRESS TREATY OF VIENNA, 1815 

The four Powers, Great Britain, Austria, Prussia, and 
Russia, had, prior to the negotiation of the Peace of Paris 
of 1814, come to an agreement regarding certain points 
connected with the reconstruction of Europe, but regarding 
others, e. g. Poland, Prussia, and Saxony, their views were 
antagonistic. This seems to have been the reason for the 
course then adopted, namely to confine the negotiations 
at Paris to matters in which France was more particularly 
concerned, and to which she must agree in advance, rele- 
gating to a future Congress the consideration of those which 
promised to give rise to controversy. They could not 
exclude France from all participation in the Congress, but 
they sought to contrive a state of things under which the 
French Plenipotentiary should proceed to Vienna with his 
pen and the seal of his arms ready to affix his signature at 
the foot of an agreement already elaborated by the four 
Powers before his arrival. 

Preliminary conferences took place at Vienna, to which 
Talleyrand, overcoming the opposition of the ' Allies ', 
succeeded in gaining admittance ; but much difficulty was 
experienced in relation to Poland. The Emperor Alexander 
offered Saxony to Prussia, Venice to Austria, but was for 
a long time obstinate on the subject of Poland, intimating 
on one occasion that he had 200,000 men in the Duchy of 
Warsaw, and inviting the Powers to turn him out. The 
date for the meeting of the plenary Congress was again and 
again postponed. People became anxious, asking whether 
Europe was about to recommence a war for the division 
of the spoils of Napoleon. In this state of affairs it was 
agreed (October 30, 1814) that although questions of 
importance were still pending, there was nothing to prevent 
the verification of the Full Powers of the Plenipotentiaries 
being entered on at once. This was done, and committees 
were appointed for the consideration of the less contro- 
versial of the subjects under discussion, one of them for 
German affairs in which Austria, Prussia, Bavaria, Hanover, 



CONGRESS TREATY OF VIENNA, 1815 29 

and Wurtemberg were represented, and another for the 
affairs of Switzerland in which Great Britain, Austria, 
Prussia, and Russia took part. 

The Congress met to arrange for the verification of the 
Full Powers on October 30, iSi.4. 1 

In the meantime the Emperor Alexander had receded 
somewhat from the position previously taken up by him, 
partly owing to the tenacity-of Prussia, who argued that 
she had been promised not only reinstatement but an 
augmentation of territory. She suggested that Saxony 
might, for instance, be transferred to a portion of the 
vacant country on the left bank of the Rhine, with Bonn 
as the capital and the Moselle as the boundary, whilst she, 
Prussia, should take the territory bordering on the French 
frontier. Alexander, not seeing his way to the acquisition 
of the whole of the Duchy of Warsaw, and becoming aware 
that he must give up his demand for the cession of Galicia 
by Austria, modified his views rather than risk a renewal 
of war. He agreed that Prussia should take part of Saxony 
and the province of Posen, giving up her share of the par- 
tition of 1795, namely Warsaw. England and Austria 
being disposed to countenance the plan, negotiations were 
entered into on this basis. 

It is therefore apparent that although the Powers 
assembled in Congress were not on the whole unmindful 
of the general interests of Europe, some of them were 
nevertheless keenly alive to their own particular interests 
which they pressed to the verge of war. These conflicting 
interests had a depressing effect on the Congress, and the 
progress made was very slow. The Peace between Great 
Britain and the United States, 2 however, tended to increase 
the weight of British influence in the Congress, inasmuch 
as she was thereby enabled to avail herself of the whole of 
her military resources. The news of this Peace having 

1 State Papers, vol. ii, p. 563. 

* Signed at Ghent, December 24, 1814; State Papers, vol. ii, p. 357. 



30 CONGRESS TREATY OF VIENNA, 1815 

reached Lord Castlereagh at Vienna on January i, 1815, 
Talleyrand, the French Plenipotentiary, concerted with 
him with a view to common action, with the result that 
on January 3 a Treaty of Defensive Alliance was concluded 
between Great Britain, France, and Austria, 1 wherein the 
contracting parties reciprocally engaged to act in concert, 
with perfect impartiality and in complete good faith, to 
ensure that in execution of the Treaty of Paris the arrange- 
ments for completing its provisions be effected in a manner 
most conformable to the true spirit of that treaty. It went 
on to declare that if, in carrying out their policy thus indi- 
cated, an attack should be made on the possessions of one 
of the parties, the others, failing to effect an amicable inter- 
vention, would come to the assistance of the one attacked 
with all their available forces. Other stipulations of detail 
followed. The effect of this treaty was at once apparent, 
and all danger of war immediately vanished. In the course 
of February the Congress agreed to the re-establishment 
of the King of Saxony on his throne, this monarch at the 
same time renouncing all claim to the Duchy of Warsaw, 
and ceding a part of his kingdom to Prussia. The Congress 
also agreed to the retention by Austria of the portion 
of Eastern Galicia ceded to Warsaw in 1809 : to the 
surrender by Prussia of parts of Poland while retaining 
the Grand Duchy of Posen, and receiving Swedish Pome- 
rania, a portion of Saxony, the Rhine provinces, and terri- 
tories on the right bank of the Rhine : and to the constitu- 
tion of Poland as a kingdom under the sceptre of the Emperor 
of Russia. Thus the most difficult of the questions at issue 
were solved. 

On Napoleon's return to France, Murat, King of Naples, 
failing to rouse the Italians, was defeated by the Austrians : 
Naples surrendered and Murat fled : Ferdinand was 
recalled as King of the Two Sicilies, and was recognized by 
the Vienna Congress. The task of settling the affairs of 
1 State Papers, vol. ii, p. 1001. 



CONGRESS TREATY OF VIENNA, 1815 31 

Italy became comparatively easy. Venice and Lombardy 
were left with Austria, the Legations restored to the Pope, 
the duchies to Austrian archdukes, Parma going to Marie 
Louise of Austria, Napoleon's wife. 

The French colonial possessions were dealt with in the 
Treaty of Paris of May 30, 1814, under which some were 
restored, and others retained by Great Britain. The resto- 
ration of the Dutch colonies captured by Great Britain, 
with the exception of the Cape of Good Hope and Demarara, 
&c., was arranged for in the Convention between Great 
Britain and the Netherlands of August 13, I8I4. 1 These 
questions were settled independently of the Vienna Con- 
gress. The Constitution of the Germanic Confederation 
was primarily settled by a committee of German repre- 
sentatives appointed by the Congress and was embodied 
in the Congress Treaty, to which the Constitution was itself 
attached as Annex IX. 2 

The Treaty of Paris, 1814 (Article V), in stipulating for the 
free navigation of the Rhine, committed to the future Con- 
gress the consideration of the details for giving effect to that 
stipulation, as well as its extension to other international 
rivers. Articles CVIII to CXVII of the Congress Treaty 
therefore laid down the principles which should regulate 
international rivers, viz. freedom of navigation to every one 
throughout the entire navigable course, subject to police 
regulations: uniform system of collecting duties and regula- 
tion of tariff with a view to the encouragement of trade and 
navigation : repairs of towing-paths by each riverain state ; 
no port or forced harbour dues : general arrangement to be 
come to. This arrangement is embodied in the Regulations 
of March i8i5. 3 

The article touching the abolition of the slave trade was 

1 State Papers, vol. ii, p. 370. 

* The Treaty of Paris, 1814 (Article VI), declared that theStates of 
Germany should be independent, and united by a Federative Bond. 

* See Regulations, March 1815. These form Annex XVI to tho 
Congress Treaty. State Papers, vol. ii, p. 162. 



32 CONGRESS TREATY OF VIENNA, 1815 

introduced into the Treaty of Paris at the instance of Great 
Britain, and it formed Article I of the additional articles 
between Great Britain and France. 1 In it the French King 
engaged ' to unite all his efforts to those of His Britannic 
Majesty, at the approaching Congress, to induce all the 
Powers of Christendom to decree the abolition of the Slave 
Trade ', &c. 

A good deal of correspondence passed between the Powers 
both at Paris and subsequently at Vienna on this subject. 
There was much opposition in France and in the French 
Chambers to the abolition of the traffic, although the 
Government expressed themselves anxious to do their 
utmost to accomplish it. With Spain matters were more 
difficult, as it was deemed that the abolition would result 
in the ruin of the Spanish colonies : the King, however, 
promised to consider what could be done consistently with 
the requirements of these possessions. Portugal engaged 
to take steps for the gradual extinction of the trade and 
its immediate limitation to certain localities. At Vienna 
Lord Castlereagh had audience of the Emperors of Russia 
and Austria and the King of Prussia, all of whom undertook 
to use their influence to bring about the abolition of the 
trade. The question was debated in Congress on the i6th, 
20th, and 28th January, and the 4th and 8th February, 
1815, the Plenipotentiaries of all the eight Powers being 
present. 2 The desirability of the abolition of the slave 
trade was unanimously agreed to ' in principle '. The time 
for its total abolition remained in dispute. Great Britain 
hinted at the possibility of the exclusion from her ports 
of the produce of slave labour until the discontinuance of 
the traffic ; Spain and Portugal foreshadowed a resort to 
reprisals in such an eventuality. A compromise was finally 
effected, and a Declaration was signed on February 8 to 
the effect that the Powers, whilst sincerely desirous of 

1 State Papers, vol. ii, p. 172. 
8 Ibid., vol. iii, p. 949. 



CONGRESS TREATY OF VIENNA, 1815 33 

putting a stop as soon as possible to the traffic in slaves, 
recognized that this general declaration could not lay down 
beforehand the exact period which each particular Power 
might judge to be the most convenient for its definitive 
cessation : therefore the fixing of that period must be the 
subject of negotiations between the several Powers. 1 This 
Declaration was attached to the Congress Treaty as 
Annex XV. 

The slave trade question was further developed at the 
Congress of Verona in i823. 2 

These various matters were settled by the Plenipoten- 
tiaries in Congress to the best of their abilities, and they 
constituted the best available arrangement for ensuring 
the Balance of Power and the permanency of the Peace. 
The territorial distribution was not destined nor probably 
expected to be durable for all time, but much of it lasted 
for more than a generation. In 1830 the blending of Holland 
and Belgium proved a failure, and by the Treaties of 1831 
and 1839 the connexion between the two was severed. In 
1859 the Balance of Power was disturbed, and Lombardy 
and the duchies were wrested from Austria and added to 
the Sardinian Crown, which also acquired Sicily a little 
later on and the Papal territories. In 1864 Denmark was 
dismembered and the Elbe duchies seized by Austria and 
Prussia. In 1866 the Germanic Confederation was abolished 
and the North German Confederation (to the exclusion of 
Austria) was set up in its place, while Austria was further 
deprived of the Lombardo- Venetian kingdom, which was 
added to Sardinia. Sardinia then became the Kingdom of 
Italy. In 1870 the Balance of Power was further disturbed, 
and the German States (again to the exclusion of Austria) 
formed themselves into a German Empire, and destroyed 
the pre-existing boundaries of France by the annexation 



State Papers, vol. iii, p. 971. 

* Ibid., vol. x, pp. 89-110. 
1903 



34 CONGRESS TREATY OF VIENNA, 1815 

of Alsace and Lorraine. In 1905 the union between Sweden 
and Norway was dissolved. 

To this extent the arrangements elaborated at the Vienna 
Congress have in the course of years had to give way to 
popular or autocratic pressure which could probably not 
have been foreseen or usefully counteracted at the time. 

It was perhaps with a view to strengthening the work of 
the Congress that the sovereigns of Austria, Prussia, and 
Russia on September 26, 1815, concluded at Paris the 
treaty commonly called the ' Holy Alliance '.* 

In this somewhat unusual document it was intimated as 
a preliminary statement that 

Their Majesties the Emperor of Austria, the King of 
Prussia, and the Emperor of Russia having, in conse- 
quence of the great events which have occurred in the 
course of the three last years in Europe, and especially 
of the blessings which it has pleased Divine Providence 
to shower down upon those States which place their con- 
fidence and their hope on it alone, acquired the intimate 
conviction of the necessity of settling the steps to be 
observed by the Powers, in their reciprocal relations, 
upon the sublime truths which the Holy Religion of our 
Saviour teaches ; They solemnly declare that the present 
Act has no other object than to publish in the face of 
the whole world their fixed resolution, both in the 
administration of their respective States and in their 
political relations with every other Government, to take 
for their sole guide the precepts of that Holy Religion, 
namely the precepts of Justice, Christian Charity and 
Peace, which far from being applicable only to private 
concerns must have an immediate influence on the 
Councils of Princes and guide all their steps as being the 
only means of consolidating human institutions and 
remedying their imperfections. In consequence Their 
Majesties have agreed upon the following articles. 2 

Article I declared that 

Conformably to the words of the Holy Scriptures which 
command all men to consider each other as brethren, the 

1 State Papers, vol. iii, p. 211. l Ibid. 



CONGRESS TREATY OF VIENNA, 1815 35 

three contracting Monarchs will remain united by the 
bonds of a true and indissoluble fraternity, and consider- 
ing each other as fellow countrymen, they will on all 
occasions and in all places lend each other aid and assis- 
tance ; and regarding themselves towards their subjects 
and armies as fathers of families, they will lead them in 
the same spirit of fraternity with which they are ani- 
mated, to protect Religion, Peace and Justice. 

Article II says : 

In consequence, the sole principle of force, whether 
between the said Governments or between their subjects, 
shall be that of doing each other reciprocal service, and 
of testifying by unalterable goodwill the mutual affec- 
tion with which they ought to be animated, to consider 
themselves all as members of one and the same Christian 
nation ; the three allied Princes looking on themselves 
as merely delegated by Providence to govern three 
branches of the One family, namely Austria, Prussia 
and Russia, thus confessing that the Christian world of 
which they and their people form a part has in reality 
no other Sovereign than Him to whom alone power really 
belongs. . . .Their Majesties consequently recommend to 
their people, with the most tender solicitude, as the sole 
means of enjoying that peace which arises from a good 
conscience, and which alone is durable, to strengthen 
themselves every day more and more in the principles 
and exercise of the duties which the Divine Saviour has 
taught to mankind. 

Article III, and last, invited all the Powers who avowed 
the sacred principles indicated to join in this Holy Alliance. 

It is stated in Martens' Recueil de Traites l that the 
greater part of the Christian Powers acceded to this treaty. 
France acceded to it in 1815 ; the Netherlands and Wur- 
temberg did so in 1816 ; and Saxony, Switzerland, and 
the Hanse Towns in 1817. But neither the Pope nor the 
Sultan were invited to accede. 2 

1 See Note on p. 319 of Hertslct's Map of Europe by Treaty. 
1 In view of the frequent references to Christianity in the treaty, 
the exclusion of the Sultan is less surprising than that of the Pope 

D 2 



36 CONGRESS TREATY OF VIENNA, 1815 

The accession of Great Britain to the Holy Alliance was 
invited by the signatories in a royal letter to the Prince 
Regent in which the object of the compact was again set 
forth, and a copy of the treaty enclosed. The Prince Regent 
replied in a similar letter to the three Sovereigns, in which 
His Royal Highness stated his entire concurrence in the 
principles they had laid down of making the Divine Pre- 
cepts of the Christian religion the invariable rule of their 
conduct, maxims which he would himself endeavour to 
practice, whilst co-operating with his august allies in all 
measures which might be likely to contribute to the 
peace and happiness of mankind ; but His Royal High- 
ness intimated that the forms of the British Constitu- 
tion precluded him from acceding formally to the treaty 
in the shape in which it had been presented to him. 1 
This did not of course constitute an accession to the 
treaty. 

It was mainly on the strength of the Holy Alliance that 
the three monarchs met in Conference at Troppau and at 
Laibach in 1820 and 1821, when they decided to intervene 
forcibly for the suppression of the revolution then con- 
vulsing Naples. Great Britain stood aloof from these pro- 
ceedings and withheld its approval, on the principle of non- 
intervention in the internal affairs of a foreign country 
unless under special circumstances threatening the safety 
of the intervenor. 

The stipulations of the Act of Vienna and of the First 
Peace of Paris were modified by the Treaty of November 20, 
1815, known as the Second Peace of Paris, 2 necessitated by 
the Napoleonic adventure of the Hundred Days. It was 
therein declared that the boundaries of France should be 
the same as in 1790 * with certain modifications. France 
was thus mulcted in certain small portions of territory. 



1 State Papers, vol. iii, p. 212. * Ibid., p. 280. 

* Instead of 1792 as stipulated in the First Peace of Paris. 



CONGRESS TREATY OF VIENNA, 1815 37 

She was also condemned to a payment of 700,000,000 francs, 
the territory and the money together constituting a war 
indemnity. 

GENERAL TREATY BETWEEN GREAT BRITAIN, AUSTRIA, 
FRANCE, PORTUGAL, PRUSSIA, RUSSIA, SPAIN, AND 
SWEDEN. Signed at Vienna, gth June, I8I5. 1 

English Version as presented to Parliament. 

In the Name of the Most Holy and Undivided Trinity. 

The Powers who signed the Treaty concluded at Paris on 
the 30th of May, 1814, having assembled at Vienna, in 
pursuance of Article XXXII of that Act, with the Princes 
and States their Allies, to complete the provisions of the 
said Treaty, and to add to them the arrangements rendered 
necessary by the state in which Europe was left at the 
termination of the last war ; being now desirous to embrace, 
in one common transaction, the various results of their 
negotiations, for the purpose of confirming them by their 
reciprocal Ratifications, have* authorised their Plenipoten- 
tiaries to unite, in a general Instrument, the regulations of 
superior and permanent interest, and to join to that Act, 
as integral parts of the arrangements of Congress, the 
Treaties, Conventions, Declarations, Regulations, and other 
particular Acts, as cited in the present Treaty. And the 
above-mentioned Powers having appointed Plenipoten- 
tiaries to the Congress, that is to say : 

[Here follow the names of the Plenipotentiaries.] 

Such of the above Plenipotentiaries as have assisted at 
the close of the negotiations, after having produced their 
full powers, found in good and due form, have agreed to 
place in the said general Instrument the following Articles, 
and to affix to them their signatures : 

Arrangements respecting the ancient Duchy of Warsaw. 

ARTICLE I. The Duchy of Warsaw, with the exception 
of the provinces and districts which are otherwise disposed 
of by the following Articles, is united to the Russian 
Empire. It shall be irrevocably attached to it by its Con- 
stitution, and be possessed by His Majesty the Emperor of 

1 The original French version is in State Papers, vol. ii, p. 3. 



38 CONGRESS TREATY OF VIENNA, 1815 

all the Russias, his heirs and successors in perpetuity. His 
Imperial Majesty reserves to himself to give to this State, 
enjoying a distinct administration, the interior improve- 
ment which he shall judge proper. He shall assume with 
his other titles that of Czar, King of Poland, agreeably to 
the form established for the titles attached to his other 
possessions. 

The Poles, who are respective subjects of Russia, Austria, 
and Prussia, shall obtain a Representation and National 
Institutions, regulated according to the degree of political 
consideration, that each of the Governments to which they 
belong shall judge expedient and proper to grant them. 1 

Boundaries of the Grand Duchy of Posen. 

ARTICLE II. The part of the Duchy of Warsaw which 
His Majesty the King of Prussia shall possess in full sove- 
reignty and property, for himself, his heirs, and successors, 
under the title of the Grand Duchy of Posen, shall be com- 
prised within the following line : 

Proceeding from the frontier of Eastern Prussia to the 
village of Neuhoff, the new limit shall follow the frontier 
of Western Prussia, such as it subsisted from 1772 to the 
Peace of Tilsit 2 to the villa'ge of Leibitsch, which shall 
belong to the Duchy of Warsaw ; from thence shall be 
drawn a line, which, leaving Kompania, Grabowiec, and 
Szczytno to Prussia, passes the Vistula, near the last- 
mentioned place, from the other side of the river, which 
falls into the Vistula opposite Szczytno, to the ancient 
limit of the district of the Netze, near Gross-Opoczko, so 
that Sluzewo shall belong to the Duchy, and Przy- 
branowa, Hollaender, and Maciejevo, to Prussia. From 
Gross-Opoczko it shall pass by Chlewiska, which shall re- 
main to Prussia, to the village of Przybyslaw, and from 
thence by the villages of Piaski, Chelmce, Witowiczki, 
Kobylinka, Woyczyn, Orchowo, to the town of Powidz. 

From Powidz it shall continue by the town of Slupce 

1 By a Russian Manifesto of February 14/26, 1832, the Kingdom of 
Poland was declared to be perpetually united to the Russian Empire, 
and to form an integral part thereof. The British Government 
protested against this Manifesto on July 3, 1832, as being an 
infraction of the Vienna Congress Treaty. (See Hertslet's Map of 
Europe by Treaty, vol. i, p. 94, footnote.) 

* Treaty of Tilsit, 1807. 



CONGRESS TREATY OF VIENNA, 1815 39 

to the point of confluence of the rivers Wartha and 
Prosna. 

From this point it shall reascend the course of the river 
Prosna to the village of Koscielnawies, to within one league 
of the town of Kahsch. 

Then leaving to that town (on the side of the left bank 
of the Prosna), a semi-circular territory measured by the 
distance from Koscielnawies to Kalisch, the line shall 
return to the course of the Prosna, and shall continue to 
follow it, reascending by the towns of Grabow, Wieruszow, 
Boleslawiec, so as to terminate near the village of Gola, 
upon the frontier of Silesia, opposite Pitschin. 

Salt-Mines of Wieliczka. 

ARTICLE III. His Imperial and Royal Apostolic Majesty 
shall possess, in full property and sovereignty, the salt- 
mines of Wieliczka, and the territory thereto belonging. 

Boundaries between Galicia and Russia. 

ARTICLE IV. The way or bed (Thalweg) of the Vistula 
shall separate Galicia from the territory of the Free Town 
of Cracow. It shall serve at the same time as the frontier 
between Galicia and that part of the ancient Duchy of 
Warsaw united to the States of His Majesty the Emperor 
of all the Russias, as far as the vicinity of the town of 
Zavichost. 

From Zavichost to the Bug, the dry frontiers shall be 
determined by the line drawn in the Treaty of Vienna of 
1809, excepting such modifications as by common consent 
may be thought necessary to be introduced. 

The frontier from the Bug shall be re-established on this 
side (de ce cute) between the two Empires, such as it was 
before the said Treaty. 

Restitution of Districts separated from Eastern Galicia. 

ARTICLE V. His Majesty the Emperor of all the Russias 
cedes to His Imperial and Royal Apostolic Majesty the 
districts which have been separated from Eastern Galicia, 
in consequence of the Treaty of Vienna of iSog, 1 from the 

1 Extract from the Treaty of Peace between Austria and France. 
Vienna, 14 Oct. 1809: Art. Ill 5. His Majesty the Emperor 
of Austria cedes to His Majesty the Emperor of Russia, in the 



40 CONGRESS TREATY OF VIENNA, 1815 

Circles of Zloczow, Brzezan, Tarnopol, and Zalesczyk, and 
the frontiers on this side (de ce cote) shall be re-established, 
such as they were before the date of the said Treaty. 

Cracow declared a Free Town. 

ARTICLE VI. The Town of Cracow, with its Territory, 
is declared to be for ever a Free, Independent, and strictly 
Neutral City, under the Protection of Austria, Russia, and 
Prussia. 

Boundaries of the Territory of Cracow. 

ARTICLE VII. The territory of the Free Town of Cracow 
shall have for its frontier upon the left bank of the Vistula 
a line, which, beginning at the spot near the village of 
Wolica, where a stream falls into the Vistula, shall ascend 
this stream by Cio, and Koscielniki as far as Czulice, so 
that these villages may be included in the district of the 
Free Town of Cracow ; from thence passing along the 
frontiers of these. villages the line shall continue by Dzic- 
kanovice, Garlice, Tomaszow, Karniowice, which shall also 
remain in the territory of Cracow, to the point where the 
limit begins which separates the district of Krzeszovice 
from that of Olkusz ; from thence it shall follow this limit 
between the two said provinces, till it reaches the frontiers 
of Silesian Prussia. 

Privileges granted to Podgorze. 

ARTICLE VIII. His Majesty the Emperor of Austria, 
wishing particularly to facilitate as much as possible on his 
part, the commercial relations, and good neighbourhood 
between Galicia and the Free Town of Cracow, grants for 
ever to the town of Podgorze, the privileges of a Free 
Commercial Town, such as are enjoyed by the town of 
Brody. This liberty of commerce shall extend to a distance 
of 500 toises from the barrier of the suburbs of the town of 
Podgorze. 

In consequence of this perpetual concession, which never- 
theless shall not affect the rights of sovereignty of His 
Imperial and Royal Apostolic Majesty, the Austrian custom- 
Easternmost portion of Ancient Gallicia, a territory comprising a 
population of 400,000 souls, in which the town of Brody shall not 
be included. This territory shall be amicably delimited by Commis- 
sioners of the two Empires. 



CONGRESS TREATY OF VIENNA, 1815 41 

houses shall be established only in places situated beyond 
that limit. No military establishment shall be formed that 
can menace the Neutrality of Cracow, or obstruct the liberty 
of commerce which His Imperial and Royal Apostolic 
Majesty grants to the town and district of Podgorze. 

Neutrality of Cracow. 

ARTICLE IX. The Courts of Russia, Austria, and Prussia 
engage to respect, and to cause to be always respected, the 
Neutrality of the Free Town of Cracow and its Territory. 
No armed force shall be introduced upon any pretence 
whatever. 

On the other hand it is understood and expressly stipu- 
lated that no asylum shall be afforded in the Free Town and 
territory of Cracow to fugitives, deserters, and persons under 
prosecution, belonging to the country' of either of the High 
Powers aforesaid ; and in the event of the demand of their 
surrender by the competent authorities, such individuals 
shall be arrested and given up without delay, and conveyed, 
under a proper escort, to the guard appointed to receive 
them at the frontier. 

'Constitution, Academy, and Bishopric of Cracow. 

ARTICLE X. The dispositions of the Constitution of the 
Free Town of Cracow, concerning the Academy, the 
Bishopric, and Chapter of that town, such as they are 
specified in Articles VII, XV, XVI, and XVII of the 
Additional Treaty relative to Cracow, which is annexed to 
the present General Treaty, shall have the same force and 
validity as if they were textually inserted in this Act. 

General Amnesty in Poland. 

ARTICLE XI. A full, general, and special Amnesty shall 
be granted in favour of all individuals, of whatever rank, 
sex, or condition they may be. 

Sequestrations removed. 

ARTICLE XII. In consequence of the preceding Article, 
no person in future shall be prosecuted or disturbed, in 
any manner, by reason of any participation, direct or in- 
direct, at any time, in the political, civil, or military events 



42 CONGRESS TREATY OF VIENNA, 1815 

in Poland. All proceedings, suits, or prosecutions are con- 
sidered as null, the sequestrations and provisional conns- 
cations shall be taken off, and every Act promulgated on 
this ground shall be of no effect. 

Exception to preceding Article. 

ARTICLE XIII. From these general regulations on the 
subject of confiscation are excepted all those cases in which 
edicts or sentences, finally pronounced, have already been 
fully executed, and have not been annulled by subsequent 
events. 

Free Navigation of Rivers in Poland. 

ARTICLE XIV. The principles established for the free 
navigation of Rivers and Canals, in the whole extent of 
ancient Poland, as well as for the trade to the ports, for 
the circulation of articles the growth and produce of the 
different Polish provinces, and for the commerce, relative 
to goods in transitu, such as they are specified in Articles 
XXIV, XXV, XXVI, XXVIII, and XXIX of the Treaty 
between Austria and Russia, and in Articles XXII, XXIII, 
XXIV, XXV, XXVIII, and XXIX of the Treaty between 
Russia and Prussia, shall be invariably maintained. 

Cessions by the King of Saxony to the King of Prussia. 

ARTICLE XV. His Majesty the King of Saxony renounces 
in perpetuity for himself, and all his descendants and 
successors, in favour of His Majesty the King of Prussia, 
all his right and title to the provinces, districts, and terri- 
tories, or parts of territories, of the Kingdom of Saxony, 
hereafter named ; and His Majesty the King of Prussia 
shall possess those countries in complete sovereignty and 
property, and shall unite them to his Monarchy. The 
districts and territories thus ceded shall be separated from 
the rest of the Kingdom of Saxony by a line, which hence- 
forth shall form the frontier between the Prussian and Saxon 
territories, so that all that is comprised in the limit formed 
by this line shall be restored to His Majesty the King of 
Saxony ; but His Majesty renounces all those districts and 
territories that are situated beyond that line, and which 
belonged to him before the war. 

The line shall begin from the frontiers of Bohemia, near 
Wiese, in the neighbourhood of Seidenberg, following the 



CONGRESS TREATY OF VIENNA, 1815 43 

stream of the River Wittich, until its junction with the 
Neisse. 

From the Neisse it shall pass to the Circle of Eigen, 
between Tauchritz, which shall belong to Prussia, and 
Bertschoff, which shall remain to Saxony ; then it shall 
follow the northern frontier of the Circle of Eigen, to the 
angle between Paulsdorf and Ober-Sohland ; thence it shall 
be continued to the limits that separate the Circle of 
Gortitz from that of Bautzen, in such a manner that Ober, 
Mittel and Nieder Sohland, Olisch, and Radewitz remain 
in the possession of Saxony. 

The great post road between Gorlitz and Bautzen shall 
belong to Prussia, as far as the limits of the said Circles. 
Then the line shall follow the frontier of the Circle to 
Dubrauke ; it shall then extend upon the heights to the 
right of the Lobauer-Wasser, so that this rivulet, with its 
two banks, and the places upon them, as far as Neudorf, 
shall remain, with this village, to Saxony. 

The line shall then fall again upon the Spree, and the 
Schwarzwasser ; Liska, Hermsdorf, Ketten, and Solchdorf 
are assigned to Prussia. 

From the Schwarz-Elster, near Solchdorf, a right line 
shall be drawn to the frontier of the Lordship of Konigs- 
bruck, near Gross-graebchen. This lordship remains to 
Saxony, and the line shall follow its northern boundary as 
far as the Bailiwick of Grossenhayn, in the neighbourhood 
of Ortrand. Ortrand, and the road from that place by 
Merzdorf, Stolzenhayn, Grobeln, and Miihlberg (with the 
villages on that road, so that no part of it remain beyond 
the Prussian territory) shall be under the Government of 
Prussia. The frontier from Grobeln shall be traced to the 
Elbe near Fichtenberg, and then shall follow the Bailiwick 
of Miihlberg. Fichtenberg shall be the property of Prussia. 

From the Elbe to the frontier of the country of Merse- 
burg, it shall be so regulated that the Bailiwicks of Torgau, 
Eilenburg, and Delitsch, shall pass to Prussia, while those 
of Oschatz, Wurzen, and Leipsic, shall remain to Saxony. 
The line shall follow the frontier of these bailiwicks, dividing 
some inclosures and demi-inclosures. The road from Miihl- 
berg to Eilenburg shall be wholly within the Prussian 
territory. 

From Podelwitz (belonging to the Bailiwick of Leipsic, 
and remaining to Saxony) as far as Eytra, which also re- 



44 CONGRESS TREATY OF VIENNA, 1815 

mains to her, the line shall divide the country of Merseburg 
in such a manner that Breitenfeld, Haenichen, Gross 
and Klein-Dolzig, Mark-Ranstadt and Knaut-Nauendorf, 
remain to Saxony ; and Modelwitz, Skenditz, Klein-Lie- 
benau, Alt-Ranstadt, Schkoehlen, and Zietschen, pass to 
Prussia. 

From thence the line shall divide the Bailiwick of Pegau 
between the Floss-graben 'and the Weisse-Elster ; the 
former, from the point where it separates itself above the 
town of Crossen (which forms part of the Bailiwick of 
Haynsburg) from the Weisse-Elster to the point where it 
joins the Saale > below the town of Merseburg, shall belong, 
in its whole course between those two towns, with both its 
banks, to the Prussian territory. 

From thence, where the frontier touches upon that of 
the country of Zeitz, the line shall follow it as far as the 
boundary of the country of Altenburg, near Luckau. 

The frontiers of the Circle of Neustadt, which wholly falls 
under the dominion of Prussia, remain untouched. 

The inclosures of Voigtland, in the district of Reuss, that 
is to say Gef all, Blintendorf , Sparenberg, and Blankenberg, 
are comprised in the share of Prussia. 

Titles to be assumed by the King of Prussia. 

ARTICLE XVI. The provinces and districts of the King- 
dom of Saxony, which are transferred to the dominion of 
His Majesty the King of Prussia, shall be distinguished by 
the name of the Duchy of Saxony, and His Majesty shall 
add to his Titles those of Duke of Saxony, Landgrave of 
Thuringia, Margrave of the two Lusatias, and Count of 
Henneberg. 

His Majesty the King of Saxony shall continue to bear 
the title of Margrave of Upper Lusatia. 

His Majesty shall also continue, with relation to, and in 
virtue of his right of eventual succession to the possessions 
of the Ernestine branch, to bear the title of Landgrave of 
Thuringia and Count of Henneberg. 

Guarantee of the Cessions indicated in Article XV. 

ARTICLE XVII. Austria, Russia, Great Britain, and 

France guarantee to His Majesty the King of Prussia, his 

descendants and successors, the possession of the countries 

marked out in Article XV, in full property and sovereignty. 



CONGRESS TREATY OF VIENNA, 1815 45 

Renunciation by the Emperor of Austria of Rights of 
Sovereignty over Lusatia. 

ARTICLE XVIII. His Imperial and Royal Apostolic 
Majesty, wishing to give to the King of Prussia a fresh 
proof of his desire to remove every object of future discus- 
sion between their two Courts, renounces for himself and 
his successors his rights of Sovereignty over the Margra- 
viates of Upper and Lower Lusatia, which belonged to him 
as King of Bohemia, as far as these rights concern the 
portion of these provinces placed under the dominion of 
His Majesty the King of Prussia by virtue of the Treaty 
with His Majesty the King of Saxony, concluded at Vienna 
on the i8th May, 1815. 

As to the right of reversion of His Imperial and Royal 
Apostolic Majesty to the said portion of the Lusatias united 
to Prussia, it is transferred to the House of Brandenburg 
now reigning in Prussia, His Imperial and Royal Apostolic 
Majesty reserving to himself and his successors, the power 
of resuming that right in the event of the extinction of the 
said reigning House. 

His Imperial and Royal Apostolic Majesty renounces also 
in favour of His Prussian Majesty, the districts of Bohemia 
inclosed within the part of Upper Lusatia ceded by the 
Treaty of the i8th May, 1815, to his Prussian Majesty, 
which districts comprehend the places of Giintersdorf, 
Taubentraenke, Neukretschen, Nieder-Gerlachsheim, Win- 
kel, and Ginkel, with their territories. 

Reciprocal Renunciation of Feudal Rights. 
ARTICLE XIX. His Majesty the King of Prussia and 
His Majesty the King of Saxony, wishing particularly to 
remove every object of future contest or dispute, renounce, 
each on his own part, and reciprocally in favour of one 
another, all feudal rights or pretensions which they might 
exercise or might have exercised beyond the frontiers fixed 
by the present Treaty. 

Reciprocal Freedom of Emigration. 

ARTICLE XX. His Majesty the King of Prussia promises 
to direct that proper care be taken relative to whatever 
may affect the property and interests of the respective 
subjects, upon the most liberal principles. 



46 CONGRESS TREATY OF VIENNA, 1815 

The present Article shall be observed, particularly with 
regard to the concerns of those individuals who possess 
property both under the Prussian and Saxon Govern- 
ments, to the commerce of Leipsic, and to all other objects 
of the same nature ; and in order that the individual liberty 
of the inhabitants, both of the ceded and other provinces, 
may not be infringed, they shall be allowed to emigrate 
from one territory to the other, without being exempted, 
however, from military service, and after fulfilling the 
formalities required by the laws. They may also remove 
their property without being subject to any fine or drawback 
(Abzugsgeld). 

Property of Religious Establishments. 

ARTICLE XXI. The communities, corporations, and re- 
ligious establishments, and those for public instruction in 
the provinces ceded by His Majesty the King of Saxony 
to Prussia, or in the provinces and districts remaining to 
His Saxon Majesty, shall preserve their property, whatever 
changes they may undergo, as well as the rents becoming 
due to them, according to the act of their foundation, or 
which they have acquired by a legal title since that period 
under the Prussian and Saxon Governments ; and neither 
party shall interfere in the administration and in the col- 
lection of the revenues, provided that they be conducted 
in a manner conformable to the laws, and that the charges 
be defrayed, to which all property or rents of the like 
nature are subjected, in the territory in which they occur. 

General Amnesty in Saxony. 

ARTICLE XXII. No individual domiciliated in the pro- 
vinces which are under the dominion of His Majesty the 
King of Saxony, any more than an individual domiciliated 
in those which by the present Treaty pass under the 
dominion of the King of Prussia, shall be molested in his 
person, his property, rents, pensions, or revenues of any 
kind, in his rank or dignities, nor be prosecuted or called 
to account in any manner for any part which he, either in 
a civil or military capacity, may have taken in the events 
that have occurred since the commencement of the war, 
terminated by the Peace concluded at Paris on the 30th of 
May, 1814. 



CONGRESS TREATY OF VIENNA, 1815 47 

This Article equally extends to those who, not being 
domiciliated in either part of Saxony, may possess in it 
landed property, rents, pensions or revenues of any kind. 

Designation of Provinces of which Prussia resumes Possession. 

ARTICLE XXIII. His Majesty the King of Prussia having 
in consequence of the last war, reassumed the possession of 
the provinces and territories which had been ceded by 
the Peace of Tilsit 1 it is acknowledged and declared by 
the present Article that His Majesty, his heirs and suc- 
cessors, shall possess anew, as formerly, in full property 
and Sovereignty, the following countries, that is to say ; 

Those of his ancient provinces of Poland specified in 
Article II ; 

The City of Dantzig and its territory, as the latter was 
determined by the Treaty of Tilsit 2 ; 

The Circle of Cottbus ; 

The Old March ; 

The part of the Circle of Magdeburg situated on the left 
bank of the Elbe, together with the Circle of the Saale ; 

The Principality of Halberstadt, with the Lordships of 
Derenburg, and of Hassenrode ; 

The Town and Territory of Quedlinburg (save and except 
the rights of Her Royal Highness the Princess Sophia 
Albertine of Sweden, Abbess of Quedlinburg, conformably 
to the arrangements made in 1803) ; 

The Prussian part of the County of Mansfeld ; 

The Prussian part of the County of Hohenstein ; 

The Eichsfeld ; 

The Town of Nordhausen with its territory ; 

The Town of Muhlhausen with its territory ; 

The Prussian part of the district of Trefourt with Dorla ; 

The Town and Territory of Erfurth, with the exception 
of Klein-Brembach and Berlstedt, inclosed in the Princi- 
pality of Weimar, ceded to the Grand Duke of Saxe- Weimar 
by Article XXXIX ; 

The Bailiwick of Wandersleben, belonging to the County 
of Unter-gleichen ; 

The Principality of Paderborn, with the Prussian part 
of the Bailiwicks of Schwallenberg, Oldenburg, and Stoppel- 

1 Treaty of Tilsit. 1807. 

1 Article VI. La Ville de Danzig avec un territoire de 2 lieues 
de Rayon autour de son enceinte. 



48 CONGRESS TREATY OF VIENNA, 1815 

berg, and the jurisdictions (Gerichte) of Hagendorn and 
Odenhausen, situated in the territory of Lippe ; 

The County of Mark, with the part of Lipstadt belonging 
to it ; 

The County of Werden ; 

The County of Essen ; 

The part of the Duchy of Cleves on the right bank of the 
Rhine, with the town and fortress of Wesel ; the part of 
the Duchy, situated on the left bank, specified in Arti- 
cle XXV; 

The secularised Chapter of Elten ; 

The Principality of Munster, that is to say, the Prussian 
part of the former Bishopric of Munster, with the exception 
of that part which has been ceded to His Britannic Majesty, 
King of Hanover, in virtue of Article XXVII ; 

The secularised Provostship of Cappenburg ; 

The County of Tecklenburg ; 

The County of Lingen, with the exception of that part 
ceded to the kingdom of Hanover by Article XXVII ; 

The Principality of Minden ; 

The County of Ravensburg ; 

The secularised Chapter of Herford ; 

The Principality of Neufchatel, with the County of 
Valengin, such as their Frontiers are regulated by the 
Treaty of Paris, and by Article LXXVI of this General 
Treaty. 

The same disposition extends to the rights of Sovereignty 
and suzerainete over the County of Wernigerode, to that of 
high protection over the County of Hohen-Limbourg, and 
to all the other rights or pretensions whatsoever which 
His Prussian Majesty possessed and exercised, before the 
Peace of Tilsit, and which he has not renounced by other 
Treaties, Acts, or Conventions. 

Prussian Possessions on this side (en de$a) of the Rhine. 

ARTICLE XXIV. His Majesty the King of Prussia shall 
unite to his Monarchy in Germany, on this side of the 
Rhine, to be possessed by him and his successors in full 
property and Sovereignty, the following countries : 

The provinces of Saxony designated in Article XV, with 
the exception of the places and territories ceded, in virtue 
of Article XXXIX, to His Highness the Grand Duke of 
Saxe- Weimar ; 



CONGRESS TREATY OF VIENNA, 1815 49 

The territories ceded to Prussia by His Britannic Majesty, 
King of Hanover, by Article XXIX ; 

Part of the Department of Fulda, and such of the terri- 
tories comprehended therein as are specified in Article XL ; 

The Town and Territory of Wetzlar, according to 
Article XLII ; 

The Grand Duchy of Berg with the Lordships of Harden- 
berg, Broik, Styrum, Scholler and Odenthal, formerly be- 
longing to the said Duchy under the Palatine Government ; 

The districts of the ancient Archbishopric of Cologne, 
lately belonging to the Grand Duchy of Berg ; 

The Duchy of Westphalia, as lately possessed by His 
Royal Highness the Grand Duke of Hesse ; 

The County of Dortmund ; 

The Principality of Corbey ; 

The Mediatised Districts specified in Article XLIII. 

The ancient possessions of the House of Nassau-Dietz, 
having been ceded to Prussia by His Majesty the King of 
the Netherlands, and a part of these possessions having 
been exchanged for the districts belonging to their Serene 
Highnesses the Duke and Prince of Nassau, the King of 
Prussia shall possess them, in Sovereignty and property, 
and unite them to his monarchy ; 

1. The Principality of Siegen with the Bailiwicks of 
Burbach and Neunkirchen, with the exception of a part 
containing 12,000 inhabitants, to belong to the Duke and 
Prince of Nassau ; 

2. The Bailiwicks of Hohen-Solms, Greifenstein, Braun- 
fels, Frensberg, Friedewald, Schonstein, Schonberg, Alten- 
kirchen, Altenwied, Dierdorf, Neuerburg, Linz, Hammer- 
stein, with Engers and Heddesdorf ; the town and territory 
(Banlieue, Gemarkung) of Neuwied ; the parish of Ham, 
belonging to the Bailiwick of Hackenberg ; the parish of 
Horhausen, constituting part of the Bailiwick of Hersbach, 
and the parts of the Bailiwicks of Vallendar and Ehren- 
breitstein, on the right bank of the Rhine, designated in 
the Convention concluded between His Majesty the King 
of Prussia and their Serene Highnesses the Duke and Prince 
of Nassau, annexed to the present Treaty. 

Prussian Possessions on the left bank of the Rhine. 
ARTICLE XXV. His Majesty the King of Prussia shall 
also possess in full property and Sovereignty, the countries 

1903 r 



50 CONGRESS TREATY OF VIENNA, 1815 

on the left bank of the Rhine, included in the frontier 
hereinafter designated : 

This frontier shall commence on the Rhine at Bingen ; 
it shall thence ascend the course of the Nahe to the junction 
of this river with the Glan, and along the Glan to the 
village of Medart, below Lauterecken ; the towns of 
Kreutznach and Meisenheim, with their territories, to belong 
entirely to Prussia ; but Lauterecken and its territory to 
remain beyond the Prussian frontier. From the Glan the 
frontier shall pass by Medart, Merzweiler, Langweiler, 
Nieder and Ober-Feckenbach, Ellenbach, Creunchenborn, 
Answeiler, Cronweiler, Nieder-Brambach, Burbach, Bosch- 
weiler, Heubweiler, Hambach, and Rintzenberg, to the 
limits of the Canton of Hermeskeil ; the above places shall 
be included within the Prussian frontiers, and shall, to- 
gether with their territories, belong to Prussia. 

From Rintzenberg to the Sarre the line of demarcation 
shall follow the cantonal limits, so that the Cantons of 
Hermeskeil and Conz (in which latter, however, are excepted 
the places on the left bank of the Sarre) shall remain wholly 
to Prussia, while the Cantons of Wadern, Merzig, and Sarre- 
burg are to be beyond the Prussian frontier. 

From the point where the limit of the Canton of Conz, 
below Gomlingen, traverses the Sarre, the line shall descend 
the Sarre till it falls into the Moselle ; thence it shall re- 
ascend the Moselle to its junction with the Sarre, from the 
latter river to the mouth of the Our, and along the Our to 
the limits of the ancient Department of the Ourthe. The 
places traversed by these rivers shall not at all be divided, 
but shall belong, with their territories, to the Power in 
whose State the greater part of these places shall be situ- 
ated ; the Rivers themselves, in so far as they form the 
frontier, shall belong in common to the two Powers border- 
ing on them. 

In the old Department of the Ourthe, the five Cantons 
of Saint- Vith, Malmedy, Cronenburg, Schleiden, and Eupen, 
with the advanced point of the Canton of Aubel, 1 to the 
south of Aix-la-Chapelle, shall belong to Prussia, and the 

1 The Dutch and Prussian Commissioners, when they came to 
delimit the frontier, disagreed here, and finally the village of Moresnet 
was left without any nationality at all. It is about 20 miles east of 
Liege, and since 1839 has been administered by Belgium and Prussia 
jointly. 



CONGRESS TREATY OF VIENNA, 1815 51 

frontier shall follow that of these cantons, so that a line, 
drawn from north to south, may cut the said point of the 
Canton of Aubel, and be prolonged as far as the point of 
contact of the three old Departments of the Ourthe, the 
Lower Meuse, and the Roer ; leaving that point, the frontier 
shall follow the line which separates these two last depart- 
ments till it reaches the river Worm, which falls into the 
Roer, and shall go along this river to the point where it 
again touches the limits of these two departments ; when 
it shall pursue that limit to the south of Hillensberg, shall 
ascend from thence towards the north, and leaving Hillens- 
berg to Prussia, and cutting the Canton of Sittard in two 
parts, nearly equal, so that Sittard and Susteren remain on 
the left, shall reach the old Dutch territory ; then following 
the old frontier of that territory, to the point where it 
touched the old Austrian Principality of Guelders, on the 
side of Ruremonde, and directing itself towards the most 
eastern point of the Dutch territory, to the north of Swal- 
men, it shall continue to inclose this territory. 

Then, setting out from the most eastern point, it joins 
that other part of the Dutch territory in which Venloo is 
situated, without including the latter town and its district ; 
thence to the old Dutch frontier near Mook, situated below 
Genep, it shall follow the course of the Meuse, at such 
a distance from the right bank that all the places situated 
within a thousand Rhenish yards (Rheinlandische Rutheri) 
of this bank shall, with their territories, belong to the 
kingdom of the Netherlands; it being well understood, 
however, in regard to the reciprocity of this principle, that 
no point of the bank of the Meuse shall constitute a portion 
of the Prussian territory, unless such point approach to 
within 800 Rhenish yards of it. 

From the point where the line just described joins the 
old Dutch frontier, as far as the Rhine, this frontier shall 
remain essentially as it was in 1795, between Cleves and 
the United Provinces. It shall be examined by the Com- 
mission which shall be appointed without delay by the 
two Governments to proceed to the exact determination 
of the limits, both of the kingdom of the Netherlands, and 
the Grand Duchy of Luxemburg, designated in Articles 
LXVI and LXVIII, and this Commission shall regulate, 
with the aid of experienced persons, whatever concerns the 
hydro-technical constructions, and other analogous points, 

E 2 



52 CONGRESS TREATY OF VIENNA, 1815 

in the most equitable manner, and conformably to the 
mutual interests of the Prussian States and of those of the 
Netherlands. This same disposition extends to the regula- 
tion of the limits in the Districts of Kyfwaerd, Lobith, and 
all the territory to Kekerdom. 

The places (enclaves) named Huissen, Malburg, Lymers, 
with the town of Sevenaer, and the Lordship of Weel, shall 
form a part of the kingdom of the Netherlands, and His 
Prussian Majesty renounces them in perpetuity for himself, 
his heirs and successors. 

His Majesty the King of Prussia, in uniting to his States 
the provinces and districts designated in the present Article, 
enters into all the rights and takes upon himself all the 
charges and engagements stipulated with respect to the 
countries dismembered from France by the Treaty of Paris 
of the 30th May, 1814. 

The Prussian provinces upon the two banks of the Rhine, 
as far as above the town of Cologne, which shall also be 
comprised within this district, shall bear the name of 
Grand Duchy of the Lower Rhine, and His Majesty shall 
assume the title of it. 

Kingdom of Hanover. 

ARTICLE XXVI. His Majesty the King of the United 
Kingdom of Great Britain and Ireland, having substituted 
to his ancient title of Elector of the Holy Roman Empire, 
that of King of Hanover, and this title having been acknow- 
ledged by all the Powers of Europe, and by the Princes 
and Free Towns of Germany, the countries which have till 
now composed the Electorate of Brunswick-Luneburg, 
according as their limits have been recognised and fixed 
for the future, by the following Articles, shall henceforth 
form the Kingdom of Hanover. 1 

Cessions by the King of Prussia to the Kingdom of Hanover. 

ARTICLE XXVII. His Majesty the King of Prussia cedes 
to His Majesty the King of the United Kingdom of Great 
Britain and Ireland, King of Hanover, to be possessed 
by His Majesty and his successors, in full property and 
Sovereignty : 

1 The Kingdom of Hanover was annexed to the Prussian Dominions 
by a Decree of the King of Prussia of September 20, 1866. (See 
State Papers, vol. Ivi, p. 1067.) 



CONGRESS TREATY OF VIENNA, 1815 53 

1. The Principality of Hildesheim, which shall pass 
under the Government of His Majesty, with all the rights 
and all the charges with which the said Principality was 
transferred to the Prussian Government ; 

2. The Town and Territory of Goslar ; 

3. The Principality of East Frieseland (Ost Friese), 
including the country called Harlingerland, under the con- 
ditions reciprocally stipulated in Article XXX for the 
navigation of the Ems and the commerce of the port of 
Embden. The States of the Principality shall preserve 
their rights and privileges ; 

4. The Lower County (Nieder Grafschaft) of Lingen, and 
the part of the Principality of Prussian Munster which is 
situated between this county and the part of Rheina- 
Wolbeck occupied by the Hanoverian Government ; but 
as it has been agreed that the kingdom of Hanover shall 
obtain by this cession an accession of territory, comprising 
a population of 22,000 souls, and as the Lower County of 
Lingen and the part of the Principality of Munster here 
mentioned, might not come up to this condition, His 
Majesty the King of Prussia engages to cause the line of 
demarcation to be extended into the Principality of Munster, 
as far as may be necessary to contain that population. 
The Commission, which the Prussian and Hanoverian 
Governments shall name without delay, to proceed to the 
exact regulation of the limits, shall be particularly charged 
with the execution of this provision. 

His Prussian Majesty renounces in perpetuity, for him- 
self, his descendants, and successors, the Provinces and 
Territories mentioned in the present Article, as well as all 
the rights which have any relation to them. 

Renunciation by Prussia of the Chapter of St. Peter at Noerten. 

ARTICLE XXVIII. His Majesty the King of Prussia 
renounces in perpetuity, for himself, his descendants, and 
successors, all right and claim whatever that His Majesty, 
in his quality of Sovereign of Eichsfeld, might advance to 
the Chapter of St. Peter, in the borough of Noerten, or to 
its dependencies, situated in the Hanoverian territory. 

Cessions by the Kingdom of Hanover to Prussia. 

ARTICLE XXIX. His Majesty the King of the United 
Kingdom of Great Britain and Ireland, King of Hanover, 



54 CONGRESS TREATY OF VIENNA, 1815 

cedes to His Majesty the King of Prussia, to be possessed 
by him and his successors, in full property and sovereignty : 

1. That part of the Duchy of Lauenburg situated upon 
the right bank of the Elbe, with the villages of Luneburg, 
situated on the same bank. The part of the duchy upon 
the left bank remains to the kingdom of Hanover. The 
States of that part of the duchy which passes under the 
Prussian Government shall preserve their rights and 
privileges ; especially those founded upon the provincial 
Reces of the I5th September, 1702, and confirmed by the 
King of Great Britain, now reigning, under date of 2ist 
June, 1765 ; 

2. The Bailiwick of Klotze ; 

3. The Bailiwick of Elbingerode ; 

4. The Villages of Rudigershagen and Gaenseteich ; 

5. The Bailiwick of Reckeberg. 

His Britannic Majesty, King of Hanover, renounces for 
himself, his descendants and successors for ever, the 
Provinces and Districts specified in the present Article, 
and all the rights which have reference to them. 

Navigation and Commerce between the two States. 

ARTICLE XXX. His Majesty the King of Prussia, and 
His Britannic Majesty, King of Hanover, animated with 
the desire of entirely equalising the advantages of the 
commerce of the Ems and of the Port of Embden, and of 
rendering them common to their respective subjects, have 
agreed on this head to what follows : 

1. The Hanoverian Government engages to cause to 
be executed, at its expense, in the years 1815 and 1816, 
the works which a Commission, composed partly of artists, 1 
and to be immediately appointed by Prussia and Hanover, 
shall deem necessary to render navigable that part of the 
river Ems which extends from the Prussian frontier to its 
mouth, and to keep it, after the execution of such works, 
always in the same state in which those works shall have 
placed it for the benefit of navigation. 

2. The Prussian subjects shall be allowed to import and 
export, by the port of Embden, all kinds of provisions, 
productions, and goods, whether natural or artificial, and 
to keep in the town of Embden, warehouses wherein to 

1 ' A mixed commission of experts.' See French version, State 
Papers, vol. ii, p. 24. 



CONGRESS TREATY OF VIENNA, 1815 55 

place the said goods for two years, dating from their 
arrival in the towns, without their being subject to any 
other inspection than that to which those of the Hanoverian 
subjects are liable. 

3. The Prussian vessels and merchants of the same 
nation shall not pay for navigation, for exportation or 
importation of merchandise, or for warehousing, any other 
tolls or duties than those charged upon the Hanoverian 
subjects. These tolls and duties shall be regulated by 
agreement between Prussia and Hanover, and no altera- 
tion shall be introduced into the tariff hereafter but by 
mutual consent. The privileges and liberties just specified 
extend equally to those Hanoverian subjects who navigate 
that part of the river Ems which remains to the King of 
Prussia. 

4. Prussian subjects shall not be compellable to employ 
the merchants of Embden for the trade they carry on with 
that port ; they shall be at liberty to dispose of their 
commodities either to the inhabitants of the town or to 
foreigners, without paying any other duties than those to 
which the Hanoverian subjects are subjected, and which 
cannot be raised but by mutual consent. 

His Majesty the King of Prussia, on his part, engages to 
grant to Hanoverian subjects the free navigation of the 
canal of the Stecknitz, so as not to exact from them any 
other duties than those which shall be paid by the inhabi- 
tants of the Duchy of Lauenburg. His Prussian Majesty 
engages, besides, to insure these advantages to Hanoverian 
subjects, should he hereafter cede the Duchy of Lauenburg 
to another Sovereign. 

Military Roads. 

ARTICLE XXXI. His Majesty the King of Prussia and 
His Majesty the King of the United Kingdom of Great 
Britain and Ireland, King of Hanover, mutually agree to 
three military roads through their respective dominions. 

ist. One from Halberstadt, through the country of 
Hildesheim, to Minden. 

2nd. A second from the Old March, through Gifhorn 
and Neustadt, to Minden. 

3rd. A third from Osnabruck, through Ippenbiiren and 
Rheina to Bentheim. 

The two first in favour of Prussia, and the third in 
favour of Hanover. 



56 CONGRESS TREATY OF VIENNA, 1815 

The two Governments shall appoint, without delay, 
a Commission to prepare, by common consent, the neces- 
sary regulations for the establishment of the said roads. 

Relations of the Due de Looz-Corswaren and of the County 
of Bentheim with the Kingdom of Hanover. 

ARTICLE XXXII. The Bailiwick of Meppen, belonging 
to the Duke of Aremberg, as well as the part of Rheina- 
Wolbeck, belonging to the Duke of Looz-Corswaren, which 
at this moment are provisionally occupied by the Hano- 
verian Government, shall be placed in such relations with 
the Kingdom of Hanover, as the Federative Constitution 
of Germany shall regulate for the mediatised territories. 

The Prussian and Hanoverian Governments having 
nevertheless reserved to themselves to agree hereafter, if 
necessary, to the fixing of another line of frontier with 
regard to the county belonging to the Duke of Looz- 
Corswaren, the said Governments shall charge the Com- 
mission they may name for fixing the limits of the part 
of the County of Lingen ceded to Hanover, to deliberate 
thereupon, and to adjust definitively the frontiers of that 
part of the county belonging to the Duke of Looz-Corswaren, 
which, as aforesaid, is to be possessed by the Hanoverian 
Government. 

The relations between the Hanoverian Government 
and the County of Bentheim shall remain as regulated by 
the Treaties of Mortgage existing between His Britannic 
Majesty and the Count of Bentheim ; and when the rights 
derived from this Treaty shall have expired, the relations 
of the County of Bentheim towards the Kingdom of 
Hanover shall be such as the Federative Constitution of 
Germany shall regulate for the mediatised territories. 

Cession to be made by the King of Hanover to the Duke of 
Oldenburg. 

ARTICLE XXXIII. His Britannic Majesty, King of 
Hanover, in order to meet the wishes of His Prussian 
Majesty to procure a suitable arrondissement of territory 
for His Serene Highness the Duke of Oldenburg, promises 
to cede to him a district containing a population of 5,000 
inhabitants. 



CONGRESS TREATY OF VIENNA, 1815 57 

Title of Grand Duke in the House of Holstein-Oldenburg. 

ARTICLE XXXIV. His Serene Highness the Duke of 
Holstein-Oldenburg shall assume the title of Grand Duke 
of Oldenburg. 

Title of Grand Duke in the Houses of Mecklenburg-Schwerin 
and Mecklenburg-Strelitz. 

ARTICLE XXXV. Their Serene Highnesses the Dukes 
of Mecklenburg-Schwerin and Mecklenburg-Strelitz shall 
assume the titles of Grand Dukes of Mecklenburg-Schwerin 
and Strelitz. 

Title of Grand Duke in the House of Saxe-Weimar. 

ARTICLE XXXVI. His Highness the Duke of Saxe- 
Weimar shall assume the title of Grand Duke of Saxe- 
Weimar. 

Cessions to be made by Prussia to the Grand Duke of Saxe- 
Weimar. 

ARTICLE XXXVII. His Majesty the King of Prussia 
shall cede from the mass of his States, as they have been 
fixed and recognised by the present Treaty, to His Royal 
Highness the Grand Duke of Saxe-Weimar, districts con- 
taining a population of 50,000 inhabitants, contiguous to, 
or bordering upon, the Principality of Weimar. 

His Prussian Majesty engages also to cede to His Royal 
Highness out of that part of the Principality of Fulda 
which has been given up to him in virtue of the same 
stipulations, districts containing a population of 27,000 
inhabitants. 

His Royal Highness the Grand Duke of Weimar shall 
possess the above districts in full property and Sovereignty, 
and shall unite them in perpetuity to his present States. 

Ulterior Arrangements respecting these Cessions. 

ARTICLE XXXVIII. The districts and territories which 
are to be ceded to His Royal Highness the Grand Duke of 
Saxe-Weimar, in virtue of the preceding Article, shall be 
determined by a particular Convention ; and His Majesty 
the King of Prussia engages to conclude this Convention, 



58 CONGRESS TREATY OF VIENNA, 1815 

and to cause the above districts and territories to be given 
up to His Royal Highness, within two months from the 
date of the exchange of the ratifications of the Treaty 
concluded at Vienna, ist June, 1815, between His Prussian 
Majesty and His Royal Highness the Grand Duke. 

Territories to be made over immediately to the Grand Duke of 
Weimar. 

ARTICLE XXXIX. His Majesty the King of Prussia, 
however, cedes immediately, and promises to give up to 
His Royal Highness, in the space of a fortnight, reckoning 
from the signature of the above-mentioned Treaty, the 
following districts and territories ; viz., 

The Lordship of Blankenhayn, with the reservation of 
the Bailiwick of Wandersleben, belonging to Unter- 
Gleichen, which is not to be comprised in this cession ; 

The Lower Lordship (Niedere-Herrschaft) of Kranichfeld, 
the Commanderies of the Teutonic order of Zwaetzen, 
Lehesten, and Liebstadt, with their demesnial revenues, 
which, constituting a part of the Bailiwick of Eckartsberga, 
are inclosed in the territory of Saxe- Weimar, as well as 
all the other territories inclosed within the Principality of 
Weimar, and belonging to the said bailiwick ; the Bailiwick 
of Tautenburg, with the exception of Droizen, Gorschen, 
Wethalung, Wetterscheid, and Mollschiitz, which shall 
remain to Prussia ; 

The Village of Remssla, as well as the Villages of Klein- 
Brembach and Berlstedt, inclosed within the Principality 
of Weimar, and belonging to the territory of Erfurth ; 

The property of the Villages of Bischoffsroda and 
Probsteizella, inclosed within the territory of Eisenach, 
the Sovereignty of which already belongs to His Royal 
Highness the Grand Duke. 

The population of these different districts is understood 
to form part of that of 50,000 souls, secured to His Royal 
Highness the Grand Duke of Saxe-Weimar, by Article 
XXXVII, and shall be deducted from it. 

Cession of a Portion of the former Department of Fulda to 
Prussia. 

ARTICLE XL. The Department of Fulda, together with 
the territories of the ancient Nobility (I'Ancienne Noblesse 



CONGRESS TREATY OF VIENNA, 1815 59 

immediate de I'Empire) comprised, at this moment, under 
the provisional administration of this department, viz. : 
Mansbach, Buchenau, Werda, Lengsfeld; excepting, how- 
ever, the following bailiwicks and territories, viz. ; the 
Bailiwicks of Hammelburg, with Thulba and Saaleck, 
Briickenau with Motten, Saalmiinster, with Urzel and 
Sonnerz ; also the part of the Bailiwick of Biberstein, 
which contains the villages of Batten, Brand, Dietges, 
Findlos, Liebharts, Melperz, Ober-Bernhardt, Saifferts, 
and Thaiden, as well as the domain of Holzkirchen, inclosed 
in the Grand Duchy of Wiirtzburg ; is ceded to His 
Majesty the King of Prussia, and he shall be put in posses- 
sion of it within three weeks from and after the ist June 
of this year. 

His Prussian Majesty engages to take upon himself, in 
proportion to that part of the territory which he obtains 
by the present Article, his share of the obligations which 
all the new possessors of the heretofore Grand Duchy of 
Frankfort will have to fulfil, and to transfer such engage- 
ments to the Princes with whom His Majesty may hereafter 
make exchanges or cessions of these districts and territories 
of the Department of Fulda. 



Arrangements relative to the Purchasers of Domains in the 
Principality of Fulda and the County of Hanau. 

ARTICLE XLI. The domains of the Principality of Fulda 
and of the County of Hanau having been sold to purchasers, 
who have not as yet made good all their instalments, 
a Commission shall be named by the Princes to whom the 
said domains are transferred, to regulate, in an uniform 
manner, whatever has any reference to this transaction, 
and to do justice to the claims of the purchasers of the 
said domains. This Commission shall pay particular 
attention to the Treaty concluded at Frankfort, on the 
2nd December, 1813, between the Allied Powers and His 
Royal Highness the Elector of Hesse ; and it is laid down 
as a principle, that in case the sale of these domains should 
not be considered as binding, the purchasers shall receive 
back the sums already discharged, and they shall not be 
obliged to quit before such restitution shall have had its 
full and entire effect. 



60 CONGRESS TREATY OF VIENNA, 1815 

Cession of the Town of Wetzlar to His Majesty the King of 
Prussia. 

ARTICLE XLII. The Town and Territory of Wetzlar 
passes, in all property and Sovereignty, to His Majesty 
the King of Prussia. 

Relations of the Mediatised Districts of the Old Circle of 
Westphalia with the Prussian Monarchy. 

ARTICLE XLIII. The following Mediatised districts, 
viz. ; the possessions which the Princes of Salm-Salm 
and Salm-Kyrburg, the Counts called the Rhein- und 
Wildgrafen, and the Duke of Croy, obtained by the principal 
Reces of the extraordinary Deputation of the Empire, of 
the 25th February, 1803, in the old Circle of Westphalia, 
as well as the Lordships of Anholt and Gehmen, the posses- 
sions of the Duke of Looz-Corswaren, which are in the same 
situation (in so far as they are not placed under the Hano- 
verian Government), the County of Steinfurt, belonging 
to the Count of Bentheim-Bentheim, the County of Reck- 
lingshausen, belonging to the Duke of Aremberg, the 
Lordships of Rheda, Giitersloh, and Gronau, belonging to 
the Count of Bentheim-Tecklenburg, the County of Ritt- 
berg, belonging to the Prince of Kaunitz, the Lordships 
of Neustadt and Gimborn, belonging to the Count of 
Walmoden, and the Lordship of Homburg, belonging to the 
Princes of Sayn-Wittgenstein-Berleburg, shall be placed 
in such relations with the Prussian Monarchy as the 
Federative Constitution of Germany shall regulate for the 
Mediatised territories. 

The possessions of the ancient Nobility (I'Ancienne 
Noblesse immediate de I'Empire) within the Prussian 
territory, and particularly the Lordship of Wildenberg, in 
the Grand Duchy of Berg, and the Barony of Schauen, in 
the Principality of Halberstadt, shall belong to the Prussian 
Monarchy. 

Cession of the Grand Duchy of Wurtzburg and of the Prin- 
cipality of Aschaffenburg to the King of Bavaria. 

ARTICLE XLIV. His Majesty the King of Bavaria shall 
possess, for himself, his heirs and successors, in full property 
and Sovereignty, the Grand Duchy of Wurtzburg, as it 



CONGRESS TREATY OF VIENNA, 1815 61 

was held by His Imperial Highness the Archduke Ferdinand 
of Austria, and the Principality of Aschaffenburg, such as 
it constituted part of the Grand Duchy of Frankfort, 
under the denomination of Department of Aschaffenburg. 

Maintenance of the Prince Primate. 

ARTICLE XLV. With respect to the rights and pre- 
rogatives, and the maintenance of the Prince Primate as 
an ancient ecclesiastical Prince, it is determined ; 

ist. That he shall be treated in a manner analogous to 
the Articles of the Reces, which, in 1803, regulated the 
situation of the secularised Princes, and to the practice 
observed with regard to them. 

2ndly. He shall receive for this purpose, dating from the 
ist of June, 1814, the sum of 100,000 florins, by payments 
of three months, in good specie, at the rate of 24 florins 
to the mark, as an annuity. 

This annuity shall be paid by the Sovereigns under whose 
Governments the provinces or districts of the Grand Duchy 
of Frankfort pass, in proportion to the part which each of 
them shall possess. 

3dly. The advances made by the Prince Primate, from 
his private purse, to the general chest of the Principality 
of Fulda, such as they have been liquidated and proved, 
shall be refunded to him, his heirs, or executors. 

This expenditure shall be defrayed in proportions by 
the Sovereigns who shall possess the provinces and districts 
composing the Principality of Fulda. 

4thly. The furniture and other objects which may be 
proved to belong to the private property of the Prince 
Primate, shall be restored to him. 

5thly. The officers of the Grand Duchy of Frankfort, as 
well civil and ecclesiastical as military and diplomatic, 
shall be treated conformably to the principles of Article LIX 
of the Reces of the Empire, dated the 25th February, 1803, 
and from the ist of June the pensions shall be proportion- 
ably paid by the Sovereigns who enter on the possession 
of the States which formed the said Grand Duchy since 
the ist of June, 1814. 

6thly. A Commission shall be established without delay, 
composed of members appointed by the said Sovereigns, 
to regulate whatever relates to the execution of the dis- 
positions comprised in this Article. 



62 CONGRESS TREATY OF VIENNA, 1815 

7thly. It is understood, that in virtue of this arrange- 
ment, any claim that might be advanced against the Prince 
Primate, in his character of Grand Duke of Frankfort, shall 
be annulled, and that he shall not be molested on account 
of any reclamation of this nature. 

Free Town of Frankfort. 

ARTICLE XLVI. The City of Frankfort, with its territory, 
such as it was in 1803, is declared Free, and shall constitute 
a part of the Germanic League. Its institutions shall be 
founded upon the principle of a perfect equality of rights 
for the different sects of the Christian religion. This 
equality of rights shall extend to all civil and political 
rights, and shall be observed in all matters of government 
and administration. The disputes which may arise, whether 
in regard to the establishment of the Constitution, or in 
regard to its maintenance, shall be referred to the Germanic 
Diet, and can only be decided by the same. 1 

Indemnities to the Grand Duke of Hesse. 

ARTICLE XLVIL His Royal Highness the Grand Duke 
of Hesse, in exchange for the Duchy of Westphalia, ceded 
to His Majesty the King of Prussia, obtains a territory on 
the left bank of the Rhine, in the ancient Department of 
Mont-Tonnerre, comprising a population of 140,000 inhabi- 
tants. His Royal Highness shall possess this territory in 
full Sovereignty and property. He shall likewise obtain 
the property of that part of the Salt Mines of Kreutznach 
which is situated on the left bank of the Nahe, but the 
Sovereignty of them shall remain to Prussia. 

Reinstatement of the Landgrave of Hesse-Honiburg. 

ARTICLE XLVIII. The Landgrave of Hesse-Homburg is 
reinstated in his possessions, revenues, rights, and political 
relations, of which he was deprived in consequence of the 
Confederation of the Rhine. 



The Free Town of Frankfort was annexed to Prussia by Decree 
dated September 20, 1866. (See Hertslet's Map of Europe by 
Treaty, vol. i, p. 240, foot-note.) 



CONGRESS TREATY OF VIENNA, 1815 63 

Territories reserved for the Houses of Oldenburg, Saxe- 
Coburg, Meckleriburg-Strelitz, Hesse-Homburg, and the 
Count of Pappenheim. 

ARTICLE XLIX. In the ci-devant Department of the 
Sarre, on the Frontiers of the States of His Majesty the 
King of Prussia, there is reserved a district, containing 
a population of 69,000 souls, to be disposed of in the 
following manner : The Duke of Saxe-Coburg and the 
Duke of Oldenburg shall obtain each a territory comprising 
20,000 inhabitants. The Duke of Mecklenburg-Strelitz and 
the Landgrave of Hesse-Homburg, each a Territory com- 
prising 10,000 inhabitants ; and the Count of Pappenheim 
a Territory comprising 9,000 inhabitants. 

The territory of the Count of Pappenheim shall be under 
the Sovereignty of His Prussian Majesty. 

Future Arrangements respecting these Territories. 

ARTICLE L. The acquisitions assigned by the preceding 
Article to the Dukes of Saxe-Coburg, Oldenburg, Mecklen- 
burg-Strelitz, and the Landgrave of Hesse-Homburg, not 
being contiguous to their respective States, their Majesties 
the Emperor of Austria, the Emperor of all the Russias, 
and the Kings of Great Britain and Prussia, promise to 
employ their good offices, at the close of the present war, 
or as soon as circumstances shall permit, in order to pro- 
cure for the said Princes, either by exchanges or any other 
arrangements, the advantages that they are disposed to 
insure to them ; and that the administration of the said 
districts may be rendered less complicated, it is agreed 
that they shall be provisionally under the Prussian adminis- 
tration for the benefit of the new proprietors. 

Territory on the two Banks of the Rhine ceded to the Emperor 

of Austria. 

ARTICLE LI. All the territories and possessions, as well 
on the left bank of the Rhine, in the old Departments of 
the Sarre and Mont-Tonnerre, as in the former Depart- 
ments of Fulda and Frankfort, or inclosed in the adjacent 
countries, placed at the disposal of the Allied Powers by 
the Treaty of Paris of 3oth May, 1814, and not disposed 
of by other Articles of the present Treaty, shall pass in 
full Sovereignty and property, under the Government of 
His Majesty the Emperor of Austria. 



64 CONGRESS TREATY OF VIENNA, 1815 

Principality of Isenburg. 

ARTICLE LII. The Principality of Isenburg is placed 
under the Sovereignty of His Imperial and Royal Apostolic 
Majesty, and shall belong to him, under such limitations 
as the Federative Constitution of Germany shall regulate 
for the Mediatised States. 

Germanic Confederation. 

ARTICLE LIII. The Sovereign Princes and Free Towns 
of Germany, under which denomination, for the present 
purpose, are comprehended their Majesties the Emperor of 
Austria, the Kings of Prussia, of Denmark, and of the 
Netherlands ; that is to say : 

The Emperor of Austria and the King of Prussia, for all 
their possessions which anciently belonged to the German 
Empire ; 

The King of Denmark, for the Duchy of Holstein ; 

And the King of the Netherlands, for the Grand Duchy 
of Luxemburg ; 

establish among themselves a perpetual Confederation, 
which shall be called ' The Germanic Confederation '.* 

Object of this Confederation. 

ARTICLE LIV. The object of this Confederation is the 
maintenance of the external and internal safety of Germany, 
and of the Independence and Inviolability of the Con- 
federated States. 

Equality of its Members. 

ARTICLE LV. The Members of the Confederation, as 
such, are equal with regard to their rights ; and they all 
equally engage to maintain the Act which constitutes their 
union. 

Federative Diet. 

ARTICLE LVI. The affairs of the Confederation shall be 
confided to a Federative Diet, in which all the Members 
shall vote by their Plenipotentiaries, either individually or 
collectively, in the following manner, without prejudice to 
their rank : 

1 The Germanic Confederation was dissolved after the Austro- 
Prussian War of 1 866, and replaced by the North German Confedera- 
tion, of which Austria was not a member. This again was replaced, 
after the Franco-German War of 1870-1, by the German Empire. 



CONGRESS TREATY OF VIENNA, 1815 65 

1. Austria . . . . .1 Vote. 

2. Prussia . . . . . i 

3. Bavaria . . . . i 

4. Saxony . . . . . i 

5. Hanover . . . . . i 

6. - Wurtemberg ..... i 

7. Baden .... . i 

8. Electoral Hesse 1 . . . i 

9. Grand Duchy of Hesse 2 . . . i 

10. Denmark, for Holstein . . . i 

11. The Netherlands, for Luxemburg . i 

12. Grand-Ducal and Ducal Houses of 

Saxony . . . . . i 

13. Brunswick and Nassau . . . i 

14. Mecklenburg-Schwerin and Strelitz . i 

15. Holstein-Oldenburg, Anhalt and 

Schwartzburg . . . i ,, 

16. Hohenzollern, Liechtenstein, Reuss, 

Schaumburg-Lippe, Lippe and 
Waldeck . . . . i ,, 

17. The Free Towns of Lubeck, Frank- 

fort, Bremen, and Hamburgh . i ,, 

Total. . . . 17 Votes. 


Presidency of Austria. 

ARTICLE LVII. Austria shall preside at the Federative 
Diet. Each State of the Confederation has the right of 
making propositions, and the presiding State shall bring 
them under deliberation within a definite time. 

Composition of the General Assembly. 

ARTICLE LVIII. Whenever fundamental laws are to be 
enacted, changes made in the fundamental laws of the 
Confederation, measures adopted relative to the Federative 
Act itself, and organic institutions or other arrangements 
made for the common interest, the Diet shall form itself into 
a General Assembly, and, in that case, the distribution of 
votes shall be as follows, calculated according to the 
respective extent of the individual States : 

1 Hesse-Cassel. * Hesse-Darmstadt. 

1903 K 



66 CONGRESS TREATY OF VIENNA, 1815 



Austria shall have 

Prussia .... 

Saxony .... 

Bavaria .... 

Hanover .... 

Wurtemberg 

Baden .... 

Electoral Hesse 1 . 

Grand Duchy of Hesse 2 

Holstein .... 

Luxemburg 

Brunswick 

Mecklenburg-Schwerin 

Nassau .... 

Saxe-Weimar . 

Saxe-Gotha 

Saxe-Coburg 

Saxe-Meiningen . 

Saxe-Hildburghausen . 

Mecklenburg-Strelitz . 

Holstein-Oldenburg . 

Anhalt-Dessau . 

Anhalt-Bernburg 

Anhalt-Kothen . 

Schwartaburg-Sondershausen 

Schwartzburg-Rudolstadt . 

Hohenzollern-Heckingen 

Liechtenstein . 

Hohenzollern-Sigmaringen . 

Waldeck .... 

Reuss (Elder Branch) 3 

Reuss (Younger Branch) 4 . 

Schaumburg-Lippe . 

Lippe .... 

The Free Town of Lubeck . 
,, ,, Frankfort 

,, Bremen . 

,, Hamburgh 

Total . 



Vote. 



4 Votes. 

4 

4 

4 

4 

4 

3 

3 

3 

3 

3 

2 

2 
2 

I 

I- 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

I 

69 Votes. 



Hesse-Cassel. 
Reuss-Greitz. 



Hesse-Darmstadt. 
Reuss-Schleitz. 



CONGRESS TREATY OF VIENNA, 1815 67 

The Diet in deliberating on the organic laws of the 
Confederation, shall consider whether any collective votes 
ought to be granted to the ancient Mediatised States of 
the Empire. 

Arrangements relative to the Diet. 

ARTICLE LIX. The question, whether a subject is to be 
discussed by the General Assembly, conformably to the 
principles above established, shall be decided in the Ordinary 
Assembly by a majority of votes. The same Assembly 
shall prepare the drafts of resolutions which are to be 
proposed to the General Assembly, and shall furnish the 
latter with all the necessary information, either for adopt- 
ing or rejecting them. 

The plurality of votes shall regulate the decisions, both 
in the Ordinary and General Assemblies, with this differ- 
ence, however, that in the Ordinary Assembly, an absolute 
majority shall be deemed sufficient, while, in the other, 
two-thirds of the votes shall be necessary to form the 
majority. 

When the votes are even in the Ordinary Assembly, the 
President shall have the casting vote ; but when the 
Assembly is to deliberate on the acceptance or change of 
any of the fundamental laws, upon organic institutions, 
upon individual rights, or upon affairs of religion, the 
plurality of votes shall not be deemed sufficient, either in 
the Ordinary or in the General Assembly. 

The Diet is permanent : it may, however, when the 
subjects submitted to its deliberation are disposed of, 
adjourn for a fixed period, which shall not exceed four 
months. 

All ulterior arrangements relative to the postponement 
or the dispatch of urgent business which may arise during 
the recess shall be reserved for the Diet, which will consider 
them when engaged in preparing the organic laws. 

Order of Voting. 

ARTICLE LX. With respect to the order in which the 
members of the Confederation shall vote, it is agreed, that 
while the Diet shall be occupied in framing organic laws, 
there shall be no fixed regulation ; and whatever may be 
the order observed on such an occasion, it shall neither 

F 2 



68 CONGRESS TREATY OF VIENNA, 1815 

prejudice any of the members, nor establish a precedent 
for the future. After framing the organic laws, the Diet 
will deliberate upon the manner of arranging this matter 
by a permanent regulation, for which purpose it will 
depart as little as possible from those which have been 
observed in the ancient Diet, and more particularly accord- 
ing to the Reels of the Deputation of the Empire in 1803. 
The order to be adopted shall in no way affect the rank 
and precedence of the members of the Confederation 
except in as far as they concern the Diet. 

Sittings of Diet to be held at Frankfort. 

ARTICLE LXI. The Diet shall assemble at Frankfort 
on the Maine. Its first meeting is fixed for the ist of 
September, 1815. 

Framing of Fundamental Laws. 

ARTICLE LXII. The first object to be considered by 
the Diet after its opening shall be the framing of the 
fundamental laws of the Confederation, and of its organic 
institutions, with respect to its exterior, military, and 
interior relations. 

Maintenance of Peace in Germany. 

ARTICLE LXIII. The States of the Confederation engage 
to defend not only the whole of Germany, but each indi- 
vidual State of the Union, in case it should be attacked, 
and they mutually guarantee to each other such of their 
possessions as are comprised in this Union. 

When war shall be declared by the Confederation, no 
member can open a separate negotiation with the enemy, 
nor make peace, nor conclude an armistice, without the 
consent of the other members. 

The Confederated States engage, in the same manner, 
not to make war against each other, on any pretext, nor 
to pursue their differences by force of arms, but to submit 
them to the Diet, which will attempt a mediation by means 
of a Commission. If this should not succeed, and a juridical 
sentence becomes necessary, recourse shall be had to a well 
organized Austregal Court (Austragalinstanz) , to the decision 
of which the contending parties are to submit without 
appeal. 



CONGRESS TREATY OF VIENNA, 1815 69 

Confirmation of Particular Arrangements of the Act of the 
Confederation. 

ARTICLE LXIV. The Articles comprised under the title 
of Particular Arrangements, in the Act of the Germanic 
Confederation, as annexed to the present General Treaty, 
both in original and in a French translation, shall have 
the same force and validity as if they were textually 
inserted herein. 

Kingdom of the Netherlands. 

ARTICLE LXV. The ancient United Provinces of the 
Netherlands and the late Belgic Provinces, both within 
the limits fixed by the following Article, shall form 
together with the countries and territories designated in 
the same Article, under the Sovereignty of His Royal 
Highness the Prince of Orange-Nassau, Sovereign Prince 
of the United Provinces the Kingdom of the Nether- 
lands, hereditary in the order of succession already estab- 
lished by the Act of the Constitution of the said United 
Provinces. The title and the prerogatives of the Royal 
dignity are recognised by all the Powers in the House of 
Orange-Nassau. 1 

Boundaries of the Kingdom of the Netherlands. 

ARTICLE LXVI. The line comprising the territories 
which compose the Kingdom of the Netherlands is deter- 
mined in the following manner : 

It leaves the sea, and extends along the frontiers of 
France on the side of the Netherlands, as rectified and 
fixed by Article III of the Treaty of Paris of the 3oth May, 
1814, to the Meuse ; thence along the same frontiers to 
the old limits of the Duchy of Luxemburg. From this 
point it follows the direction of the limits between that 
Duchy and the ancient Bishopric of Liege, till it meets (to 
the south of Deiffelt) the western limits of that canton, 
and of that of Malmedy, to the point where the latter 
reaches the limits between the old Departments of the 

1 The Netherlands and Belgium were separated under the pro- 
visions of the Treaties of 1831 and 1839, when Belgium was estab- 
lished as an Independent and Neutral State. This matter is subse- 
quently dealt with in a separate chapter, see page 126. 



70 

Ourthe and the Roer ; it then follows these limits to where 
they touch those of the former French Canton of Eupen, 
in the Duchy of Limburg, and following the western limit 
of that canton, in a northerly direction, leaving to the 
right a small part of the former French Canton of Aubel, 
joins the point of contact of the three old Departments of 
the Ourthe, the Lower Meuse, and the Roer ; parting again 
from this point, this line follows that which divides the two 
latter departments, until it reaches the Worm (a river 
falling into the Roer), and goes along this river to the 
point where it again reaches the limit of these two depart- 
ments, pursues this limit to the south of Hillensberg (the 
old Department of the Roer), from whence it reascends to 
the north, and leaving Hillensberg to the right and divid- 
ing the Canton of Sittard into two nearly equal parts, so 
that Sittard and Susteren remain on the left, it reaches 
the old Dutch territory, from whence, leaving this territory 
to the left, it goes on following its eastern frontier to the 
point where it touches the old Austrian Principality of 
Guelders, on the south side of Ruremonde, and directing 
itself towards the most eastern point of the Dutch territory, 
to the north of Swalmen, continues to inclose this territory. 

Lastly, setting out from the most eastern point it joins 
that part of the Dutch territory in which Venloo is situated ; 
that town and its territory being included within it. 
From thence to the old Dutch frontier near Mook, situated 
above Genep, the line follows the course of the Meuse at 
such a distance from the right bank that all the places 
within 1,000 Rhenish yards (Rheinlandische Ruthen) from 
it shall belong, with their territories, to the Kingdom of 
the Netherlands ; it being understood, however, as to the 
reciprocity of this principle, that the Prussian territory 
shall not at any point touch the Meuse, or approach it 
within the distance of 1,000 Rhenish yards. 

From the point where the line just described reaches the 
ancient Dutch frontier, as far as the Rhine, this frontier 
shall remain essentially the same as it was in 1795, between 
Cleves and the United Provinces. 

This line shall be examined by a Commission, which the 
Governments of Prussia and the Netherlands shall name 
without delay, for the purpose of proceeding to the exact 
determination of the limits, as well of the Kingdom of the 
Netherlands, as of the Grand Duchy of Luxemburg, specified 



CONGRESS TREATY OF VIENNA, 1815 71 

in Article LXVIII ; and this Commission, aided by pro- 
fessional persons, shall regulate everything concerning the 
hydrotechnical constructions, and other similar points, in 
the most equitable manner, and the most conformable to 
the mutual interests of the Prussian States, and of those 
of the Netherlands. This same arrangement refers to the 
fixing of limits in the Districts of Kyfwaerd, Lobith, and 
in the whole territory as far as Kekerdom. 

The enclaves of Huissen, Malburg, Lymers, with the town 
of Sevenaer and Lordship of Weel, shall form a part of 
the Kingdom of the Netherlands ; and His Prussian 
Majesty renounces them in perpetuity, for himself, his heirs 
and successors. 



Grand Duchy oj Luxemburg. 

ARTICLE LXVII. That part of the old Duchy of Luxem- 
burg which is comprised in the limits specified in the 
following Article, is likewise ceded to the Sovereign Prince 
of the United Provinces, now King of the Netherlands, to 
be possessed in perpetuity by him and his successors, in 
full property and Sovereignty. The Sovereign of the 
Netherlands shall add to his titles that of Grand Duke 
of Luxemburg, His Majesty reserving to himself the 
privilege of making such family arrangement between the 
Princes his sons, relative to the succession to the Grand 
Duchy, as he shall think conformable to the interests of 
his monarchy and to his paternal intentions. 

The Grand Duchy of Luxemburg, serving as a compensa- 
tion for the Principalities of Nassau-Dillenburg, Siegen, 
Hadamar and Dietz, shall form one of the States of the 
Germanic Confederation ; and the Prince, King of the 
Netherlands, shall enter into the system of this Confedera- 
tion as Grand Duke of Luxemburg, with all the prerogatives 
and privileges enjoyed by the other German Princes. 

The Town of Luxemburg, in a military point of view, 
shall be considered as a Fortress of the Confederation ; the 
Grand Duke shall, however, retain the right of appoint- 
ing the Governor and military Commandant of this Fortress, 
subject to the approbation of the executive power of the 
Confederation, and under such other conditions as it may 
be judged necessary to establish, in conformity with the 
future Constitution of the said Confederation. 



72 CONGRESS TREATY OF VIENNA, 1815 

Boundaries of the Grand Duchy of Luxemburg. 

ARTICLE LXVIII. The Grand Duchy of Luxemburg 
shall consist of all the territory situated between the King- 
dom of the Netherlands, as it has been designated by 
Article LXVI, France, the Moselle, as far as the mouth 
of the Sure, the course of the Sure, as far as the junction 
of the Our, and the course of this last river, as far as the 
limits of the former French Canton of St. Vith, which shall 
not belong to the Grand Duchy of Luxemburg. 1 

Arrangements respecting the Duchy of Bouillon. 

ARTICLE LXIX. His Majesty the King of the Nether- 
lands, Grand Duke of Luxemburg, shall possess in per- 
petuity, for himself and his successors, the full and entire 
Sovereignty of that part of the Duchy of Bouillon, which 
is not ceded to France by the Treaty of Paris ; and which, 
therefore, shall be united to the Grand Duchy of Luxem- 
burg. 

Disputes having arisen with respect to the said Duchy 
of Bouillon, the competitor who shall legally establish his 
right, in the manner hereafter specified, shall possess, in 
full property, the said part of the Duchy, as it was enjoyed 
by the last Duke, under the Sovereignty of His Majesty the 
King of the Netherlands, Grand Duke of Luxemburg. 

This decision shall be made by Arbitration, and be 
without appeal. For this purpose there shall be appointed 
a certain number of arbitrators, one by each of the two 
competitors, and others, to the number of three, by the 
Courts of Austria, Prussia, and Sardinia. They shall 
assemble at Aix-la-Chapelle, as soon as the state of the war 
and other circumstances may admit of it, and their deter- 
mination shall be made known within six months from their 
first meeting. 

In the interim, His Majesty the King of the Netherlands, 
Grand Duke of Luxemburg, shall hold in trust the property 
of the said part of the Duchy of Bouillon, in order that he 
may restore it, together with the revenues of the pro- 
visional administration, to the competitor in whose favour 
the arbitrators shall decide ; and His said Majesty shall 

1 A general Treaty was concluded on May n, 1867, on the 
subject of the neutrality, &c., of Luxemburg. This matter is 
subsequently dealt with in a separate Paper ; see p. 256. 



CONGRESS TREATY OF VIENNA, 1815 73 

indemnify him for the loss of the revenues arising from the 
rights of Sovereignty, by means of some equitable arrange- 
ment. Should the restitution fall to Prince Charles of 
Rohan, this property, when in his possession, shall be 
regulated by the laws of the substitution which constitutes 
his title thereto. 

Cession to Prussia of the German Possessions of the House 
of Nassau-Orange. 

ARTICLE LXX. His Majesty the King of the Nether- 
lands renounces, in perpetuity for himself, his heirs, and 
successors, in favour of His Majesty the King of Prussia, 
the sovereign possessions which the House of Nassau- 
Orange held in Germany, namely, the Principalities of 
Dillenburg, Dietz, Siegen, and Hadamar, with the Lord- 
ships of Beilstein, such as those possessions have been 
definitively arranged between the two branches of the 
House of Nassau, by the Treaty concluded at the Hague 
on the I4th July, 1814. 

His Majesty also renounces the Principality of Fulda, 
and the other districts and territories which were secured 
to him by Article XII of the Principal Reces of the Extra- 
ordinary Deputation of the Empire of the 25th of February, 
1803. 

Family Pact between the Princes of Nassau. 

ARTICLE LXXI. The right and order of Succession, 
established between the two branches of the House of 
Nassau, by the Act of 1783, called Nassauischer Erbverein, 
is confirmed, and transferred from the four Principalities 
of Orange-Nassau to the Grand Duchy of Luxemburg. 

Charges and Engagements pertaining to the Provinces detached 
from France. 

ARTICLE LXXII. His Majesty the King of the Nether- 
lands, in uniting under his Sovereignty the Countries 
designated in Articles LXVI and LXVIII, enters into all 
the rights, and takes upon himself all the charges and all 
the stipulated engagements, relative to the Provinces and 
Districts detached from France by the Treaty of Peace 
concluded at Paris the 30th May, 1814. 



74 CONGRESS TREATY OF VIENNA, 1815 

Act of Re-union of the Belgic Provinces. 

ARTICLE LXXIII. His Majesty the King of the Nether- 
lands, having recognised and sanctioned, under date of 
the 2ist July, 1814, as the Basis of the Union of the Belgic 
Provinces with the United Provinces, the 8 Articles con- 
tained in the document annexed to the present Treaty, 
the said Articles shall have the same force and validity 
as if they were inserted, word for word, in the present 
Instrument. 1 

Integrity of the Nineteen Cantons of Switzerland. 

ARTICLE LXXI V. The integrity of the Nineteen Cantons, 
as they existed in a political body, from the signature of 
the Convention of the 2gth December, 1813, is recognised 
as the basis of the Helvetic system. 

Union of Three new Cantons. 

ARTICLE LXXV. The Valais, the territory of Geneva, 
and the Principality of Neufchatel, are united to Switzer- 
land, and shall form Three new Cantons. 

La Vallee des Dappes, having formed part of the Canton 
of Vaud, is restored to it. 

Union of Bishopric of Basle, and Town and Territory of 
Bienne, with Canton of Berne. 

ARTICLE LXXVI. The Bishopric of Basle, and the city 
and territory of Bienne, shall be united to the Helvetic 
Confederation, and shall form part of the Canton of Berne. 

The following districts, however, are excepted from this 
last arrangement : 

1. A District of about three square leagues in extent, 
including the Communes of Altschweiler, Schonbach, Ober- 
weiler, Terweiler, Ettingen, Fiirstenstein, Plotten, Pf effingen, 
Aesch, Bruck, Reinach, Arlesheim ; which District shall be 
united to the Canton of Basle. 

2. A small Enclave, situated near the Neufchatel village 
of Lignieres, which is at present, with respect to civil 
jurisdiction, dependant upon the Canton of Neufchatel, 
and with respect to criminal jurisdiction upon that of the 
Bishopric of Basle, shall belong in full Sovereignty to the 
Principality of Neufchatel. 

1 See foot-note to Article LXV. 



CONGRESS TREATY OF VIENNA, 1815 75 

Rights of Inhabitants of Countries united with Canton of 
Berne. 

ARTICLE LXXVII. The inhabitants of the Bishopric of 
Basle, and those of Bienne, united to the Cantons of Berne 
and Basle, shall enjoy, in every respect, without any dis- 
tinction of Religion (which shall be maintained in its present 
state) the same political and civil rights which are enjoyed, 
or may be enjoyed, by the inhabitants of the ancient parts 
of the said cantons ; they shall, therefore, be equally 
competent to become candidates for the places of Repre- 
sentatives, and for all other appointments, according to 
the constitution of the cantons. Such municipal privileges 
as are compatible with the constitution and the general 
regulations of the Canton of Berne, shall be preserved to 
the town of Bienne, and to the villages that formed part 
of its jurisdiction. 

The sale of the national domains shall be confirmed, and 
the feudal rights and tithes cannot be re-established. 

The respective Acts of the union shall be framed, con- 
formably to the principles above declared, by Commissions, 
composed of an equal number of deputies from each of the 
directing parties concerned. Those from the Bishopric of 
Basle shall be chosen by the canton from amongst the most 
eminent citizens of the country. The said Acts shall be 
guaranteed by the Swiss Confederation. All points upon 
which the parties cannot agree, shall be decided by a court 
of Arbitration, to be named by the Diet. 

Restoration of Lordship of Raziins to the Canton of Grisons. 

ARTICLE LXXVIII. The cession, made by Article III 
of the Treaty of Vienna, of the I4th October, 1809, of the 
Lordship of Raziins, inclosed in the country of the Grisons, 
having expired ; and His Majesty the Emperor of Austria, 
being restored to all the rights attached to the said posses- 
sion, confirms the disposition which he made of it, by 
a Declaration, dated the 20th March, 1815, in favour of 
the Canton of the Grisons. 

Arrangements between France and Geneva. 
ARTICLE LXXIX. In order to ensure the commercial 
and military communications of the Town of Geneva with 
the Canton of Vaud, and the rest of Switzerland ; and 



76 CONGRESS TREATY OF VIENNA, 1815 

with a view to fulfil, in that respect, Article IV of the 
Treaty of Paris of the soth May, 1814, His Most Christian 
Majesty consents so to place the line of custom-houses, 
that the road which leads from Geneva into Switzerland 
by Versoy, shall at all times be free, and that neither the 
post nor travellers, nor the transport of merchandise, shall 
be interrupted by any examination of the officers of the 
Customs, nor subjected to any duty. 

It is equally understood that the passage of Swiss troops 
on this road shall not, in any manner, be obstructed. 

In the additional regulations to be made on this subject, 
the execution of the Treaties relative to the free com- 
munication between the town of Geneva and the jurisdic- 
tion of Peney, shall be assured in the manner most con- 
venient to the inhabitants of Geneva. His Most Christian 
Majesty also consents that the gendarmerie and militia of 
Geneva, after having communicated on the subject with 
the nearest military post of the French gendarmerie, shall 
pass on the high road of Meyrin, to and from the said 
jurisdiction and the town of Geneva. 

Cessions by the King of Sardinia to the Canton of Geneva. 

ARTICLE LXXX. His Majesty the King of Sardinia 
cedes that part of Savoy which is situated between the 
river Arve, the Rhone, the limits of that part of Savoy 
ceded to France, and the mountain of Saleve, as far as 
Veiry inclusive, together with that part which lies between 
the high road called that of the Simplon, .the Lake of 
Geneva, and the present territory of the canton of Geneva, 
from Venezas to the point where the river Hermancc 
crosses the said road ; and from thence, following the 
course of that river to where it enters the Lake of Geneva, 
to the east of the village of Hermance (the whole of the 
road of the Simplon continuing to be possessed by His 
Majesty the King of Sardinia) in order that these countries 
shall be united (reunis) to the canton of Geneva ; with 
the reservation, however, of determining more precisely, 
by Commissioners respectively, their limits, particularly 
that part which relates to the demarcation above Veiry 
and on the mountain of Saleve ; His said Majesty renounc- 
ing for himself and his successors, in perpetuity, without 
exception or reservation, all rights of Sovereignty, or other 



CONGRESS TREATY OF VIENNA, 1815 77 

rights which may belong to him in the places and territories 
comprised within this demarcation. 

His Majesty the King of Sardinia also agrees, that the 
communication between the canton of Geneva and the 
Valais, by the road of the Simplon, shall be established, in 
the same manner as it has been agreed to by France, 
between Geneva and the canton of Vaud, by the route of 
Versoy. A free communication shall also be at all times 
granted for the Genevese troops, between the territory of 
Geneva and the jurisdiction of Jussy, and such facilities 
shall be allowed as may be necessary for proceeding by 
the lake to the road of the Simplon. 

On the other hand, an exemption from all duties of 
transit shall be granted for all merchandise and goods 
which, coming from the States of His Majesty the King of 
Sardinia and the Free Port of Genoa, shall traverse the 
road called the Simplon in its whole extent, through the 
Valais and the State of Geneva. This exemption shall, 
however, be confined to the transit, and shall extend 
neither to the tolls established for the maintenance of the 
road, nor to duties levied on merchandise or goods intended 
to be sold or consumed in the interior. The same reserva- 
tion shall apply to the communication granted to the 
Swiss between the Valais and the canton of Geneva ; and 
the different Governments shall for this purpose take such 
measures as, by common agreement, they shall judge 
necessary, either for taxation or for preventing contraband 
trade in their territories, respectively. 

Compensations between the Old and the New Cantons. 

ARTICLE LXXXI. With a view to the establishing of 
reciprocal compensations, the Cantons of Argovia, Vaud, 
Tessin, and St. Gall, shall furnish to the ancient Cantons 
of Schweitz, Unterwald, Uri, Claris, Zug and Appenzell 
(Rhode Interieure] a sum of money to be applied to pur- 
poses of public instruction, and to the expenses of general 
administration, but principally to the former object, in the 
said cantons. 

The quota, manner of payment, and division of this 
pecuniary compensation, are fixed as follows : 

The Cantons of Argovia, Vaud, and St. Gall shall furnish 
to the Cantons of Schweitz, Unterwald, Uri, Zug, Claris, 



78 CONGRESS TREATY OF VIENNA, 1815 

and Appenzell (Rhode Interieure) , a fund of 500,000 Swiss 
livres. 

Each of the former cantons shall pay the interest of its 
quota, at the rate of 5 per cent, per annum, or have the 
option of discharging the principal, either in money or 
funded property. 

The division, either of the payment or receipt of these 
funds, shall be made according to the scale of contributions 
laid down for providing the federal expenses. 

The Canton of Tessin shall pay every year to the Canton 
of Uri, a moiety of the produce of the tolls in the Levantine 
Valley. 

Arrangements respecting Funds invested in England. 

ARTICLE LXXXII. To put an end to the discussions 
which have arisen, with respect to the funds placed in 
England by the Cantons of Zurich and Berne, it is deter- 
mined : 

1. That the Cantons of Berne and Zurich shall preserve 
the property of the funded capital as it existed in 1803, 
at the period of the dissolution of the Helvetic Government, 
and shall receive the interest thereof, from the ist January, 

1815 ; 

2. That the accumulated interest due since the year 
1798, up to the year 1814, inclusive, shall be applied to 
the payment of the remaining capital of the national debt, 
known under the denomination of the Helvetic debt ; 

3. That the surplus of the Helvetic debt shall remain 
at the charge of the other cantons, those of Berne and 
Zurich being exonerated by the above arrangement. The 
quota of each of the cantons which remain charged with 
this surplus, shall be calculated and paid according to the 
proportion fixed for the contributions destined to defray 
federal expenses. The countries incorporated with Switzer- 
land since 1813 shall not be assessed on account of the old 
Helvetic debt. 

If it shall happen that an overplus remains after dis- 
charging the above debt, that overplus shall be divided 
between the Cantons of Berne and Zurich, in the proportion 
of their respective capitals. 

The same regulations shall be observed with regard to 
those other debts, the documents concerning which are 
deposited in the custody of the President of the Diet. 



CONGRESS TREATY OF VIENNA, 1815 79 

Indemnity to Proprietors of ' Lauds '. 

ARTICLE LXXXIII. To conciliate disputes respecting 
Lauds abolished without indemnification, an indemnity 
shall be given to persons who are owners of such Lauds ; 
and for the purpose of avoiding all further differences on 
this subject between the Cantons of Berne and Vaud, the 
latter shall pay to the Government of Berne the sum of 
300,000 Swiss livres, which shall be shared between the 
Bernese claimants, proprietors of Lauds. The payments 
shah* be made at the rate of a fifth part each year, com- 
mencing from the ist January, 1816. 

Confirmation of the Declaration of2oth March, 1815, relative 
to the affairs of Switzerland. 

ARTICLE LXXXIV. The Declaration of the 20th March, 
addressed by the Allied Powers who signed the Treaty of 
Paris, to the Diet of the Swiss Confederation, and accepted 
by the Diet through the Act of Adhesion of the 27th May, 
is confirmed in the whole of its tenor ; and the principles 
established, as also the arrangements agreed upon, in the 
said Declaration, shall be invariably maintained. 

Boundaries of the States of the King of Sardinia. 

ARTICLE LXXXV. The frontiers of the States of His 
Majesty the King of Sardinia shall be : 

On the side of France, such as they were on the ist of 
January, 1792, with the exception of the changes effected 
by the Treaty of Paris of the 30th May, 1814 ; 

On the side of the Helvetic Confederation, such as they 
existed on the ist of January 1792, with the exception of 
the change produced by the cession in favour of the Canton 
of Geneva, as specified by Article LXXX of the present 
Act; 

On the side of the States of His Majesty the Emperor 
of Austria, such as they existed on the ist of January, 
1792 ; and the Convention concluded between their 
Majesties the Empress Maria Theresa and the King of 
Sardinia, on the 4th October, 1751, shall be reciprocally 
confirmed in all its stipulations ; 

On the side of the States of Parma and Placentia, the 
frontier as far as it concerns the ancient States of the King 



8o CONGRESS TREATY OF VIENNA, 1815 

of Sardinia, shall continue to be the same as they were on 
the ist of January, 1792. 

The borders of the former States of Genoa, and of the 
countries called Imperial Fiefs, united to the States of 
Hie Majesty the King of Sardinia, according to the follow- 
ing Articles, shall be the same as those which, on the ist 
of January, 1792, separated those countries from the States 
of Parma and Placentia, and from those of Tuscany and 
Massa. 

The island of Capraja, having belonged to the ancient 
republic of Genoa, is included in the cession of the States 
of Genoa, to His Majesty the King of Sardinia. 

Union of the States of Genoa with the States of the King of 
Sardinia. 

ARTICLE LXXXVI. The States which constituted the 
former republic of Genoa, are united in perpetuity to those 
of His Majesty the King of Sardinia, to be, like the latter, 
possessed by him in full Sovereignty and hereditary 
property ; and to descend, in the male line, in the order 
of primogeniture, to the two branches of his house, viz. : 
the royal branch, and the branch of Savoy-Carignan. 

Title of Duke of Genoa. 

ARTICLE LXXXVII. The King of Sardinia shall add to 
his present titles, that of Duke of Genoa. 

Rights and Privileges of the Genoese. 

ARTICLE LXXXVIII. The Genoese shall enjoy all the 
rights and privileges, specified in this Act, intituled ' Con- 
ditions which are to serve as the basis of the Union of the 
Genoese States to those of His Sardinian Majesty ', and 
the said Act, such as it is annexed to this General Treaty, 
shall be considered as an integral part thereof, and shall 
have the same force and validity as if it were textually 
inserted in the present Article. 

Union of the Imperial Fiefs. . 

ARTICLE LXXXIX. The countries called Imperial Fiefs, 
formerly united to the ancient Ligurian Republic, are 
definitely united to the States of His Majesty the King of 



CONGRESS TREATY OF VIENNA, 1815 81 

Sardinia, in the same manner as the rest of the Genoese 
States ; and the inhabitants of these countries shall enjoy 
the same rights and privileges as those of the States of 
Genoa, specified in the preceding Article. 

Right of Fortifying. 

ARTICLE XC. The right that the Powers who signed the 
Treaty of Paris of the soth May, 1814, reserved to them- 
selves by Article III of that Treaty, of fortifying such 
points of their States as they might judge proper for their 
safety, is equally reserved, without restriction, to His 
Majesty the King of Sardinia. 

Cession by the King of Sardinia to the Canton of Geneva. 

ARTICLE XCI. His Majesty the King of Sardinia cedes 
to the Canton of Geneva the districts of Savoy, designated 
in Article LXXX above recited, according to the con- 
ditions specified in the Act, intituled ' Cession made by 
His Majesty the King of Sardinia to the Canton of Geneva '. 
This Act shall be considered as an integral part of this 
General Treaty, to which it is annexed, and shall have the 
same force and validity as if it were textually inserted in 
the present Article. 1 

Neutrality of Chablais and Faucigny. 

ARTICLE XCI I. The Provinces of Chablais and Faucigny, 
and the whole of the territory of Savoy to the north of 
Ugine, belonging to His Majesty the King of Sardinia, 
shall form a part of the Neutrality of Switzerland, as it is 
recognised and guaranteed by the Powers. 

Whenever, therefore, the neighbouring Powers to Switzer- 
land are in a state of open or impending hostility, the 
troops of His Majesty the King of Sardinia which may be 
in those provinces, shall retire, and may for that purpose 
pass through the Valais, if necessary. No other armed 
troops of any other Power shall have the privilege of 
passing through or remaining in the said territories and 
provinces, excepting those which the Swiss Confederation 
shall think proper to place there ; it being well under- 
stood that this state of things shall not in any manner 

1 Savoy and Nice were ceded to France by Sardinia by the Treaty 
between those two Powers of March 24, 1860. 



82 CONGRESS TREATY OF VIENNA, 1815 

interrupt the administration of these countries, in which 
the civil agents of His Majesty the King of Sardinia may 
likewise employ the municipal guard, for the preservation 
of good order. 

Designation of the Territories of which the Emperor of Austria 
resumes possession on the side of Italy. 

ARTICLE XCIII. In pursuance of the Renunciations 
agreed upon by the Treaty of Paris of the 30th May, 1814, 
the Powers who sign the present Treaty recognise His 
Majesty the Emperor of Austria, his heirs and successors, 
as legitimate Sovereign of the Provinces and Territories 
which had been ceded, either wholly or in part, by the 
Treaties of Campo-Formio of 1797, of LuneVille of 1801, 
of Presburg of 1805, by the additional Convention of 
Fontainebleau of 1807, and by the Treaty of Vienna of 
1809 ; the possession of which provinces and territories 
His Imperial and Royal Apostolic Majesty obtained in 
consequence of the last war ; such as, Istria, Austrian as 
well as heretofore Venetian, Dalmatia, the ancient Venetian 
Isles of the Adriatic, the Mouths of the Cattaro, the City 
of Venice, with its waters, as well as all the other pro- 
vinces and districts of the formerly Venetian States of the 
Terra Firma upon the left bank of the Adige, the Duchies 
of Milan and Mantua, the Principalities of Brixen and 
Trente, the County of Tyrol, the Vorarlberg, the Austrian 
Frioul, the ancient Venetian Frioul, the territory of Monte- 
falcone, the Government and Town of Trieste, Carniola, 
Upper Carinthia, Croatia on the right of the Save, Fiume 
and the Hungarian Littorale, and the District of Castua. 1 

Territories united to the Austrian Monarchy. 

ARTICLE XCIV. His Imperial and Royal Apostolic 
Majesty shall unite to his monarchy, to be possessed by 
him and his successors in full property and Sovereignty : 

i. Besides the portions of the Terra Firma in the Venetian 
States mentioned in the preceding Article, the other parts 
of those States, as well as all other territories situated 
between the Tessino, the Po, and the Adriatic Sea. 

1 By Article III of the Treaty of Peace between Austria and Italy 
of October 3, 1866. the Lombardo-Venetian Kingdom was united 
to the Kingdom of Italy. 



CONGRESS TREATY OF VIENNA, 1815 83 

2. The Vallies of the Valteline, of Bormio, and of Chia- 
venna. 

3. The territories which formerly composed the Republic 
of Ragusa. 

Austrian Frontiers in Italy. 

ARTICLE XCV. In consequence of the stipulations agreed 
upon in the preceding Articles, the frontiers of the States 
of His Imperial and Apostolic Majesty, in Italy, shall be : 

1. On the side of the States of His Majesty the King 
of Sardinia, such as they were on the ist of January, 
1792 ; 

2. On the side of the States of Parma, Placentia, and 
Guastalla, the course of the Po, the line of demarcation 
following the Thalweg of the River ; 

3. On the side of the States of Modena, such as they 
were on ist of January, 1792 ; 

4. On the side of the Papal States, the course of the Po, 
as far as the mouth of the Goro ; 

5. On the side of Switzerland, the ancient frontier of 
Lombardy, and that which separates the Vallies of the 
Valteline, of Bormio, and Chiavenna, from the Cantons of 
the Grisons and the Tessino. 

In those places where the Thalweg of the Po forms the 
frontier, it is agreed, that the changes which the course 
of the river may undergo shall not, in future, in any way 
affect the property of the Islands therein contained. 

Navigation of the. Po. 

ARTICLE XCVI. The general principles, adopted by the 
Congress at Vienna, for the Navigation of Rivers, shall be 
applicable to that of the Po. 

Commissioners shall be named by the States bordering 
on rivers, within three months at latest after the termina- 
tion of the Congress, to regulate all that concerns the 
execution of the present Article. 

Arrangements respecting the Mont-Napoleon at Milan. 

ARTICLE XCVIL As it is indispensable to preserve, to 
the establishment known by the name of the Mont- 
Napoleon at Milan, the means of fulfilling its engagements 
towards its creditors ; it is agreed, that the landed and 
other immovable property of this establishment, in countries 

c z 



84 CONGRESS TREATY OF VIENNA, 1815 

which formed part of the ancient Kingdom of Italy, and 
have since passed under the government of different 
Princes of Italy, as well as the capital belonging to the 
said establishment placed out at interest in these different 
countries, shall be appropriated to the same object. 

The unfunded and unliquidated debts of the Mont- 
Napoleon, such as those arising from the arrears of its 
charges, or from any other increase of the outgoings of 
this establishment, shall be divided between the territories 
which composed the late Kingdom of Italy ; and this 
division shall be regulated according to the joint bases of 
their population and revenue. 

The Sovereigns of the said countries shall appoint Com- 
missioners, within the space of three months, dating from 
the termination of the Congress, to arrange with Austrian 
Commissioners whatever relates to this object. This 
Commission shall assemble at Milan. 

Estates of Modena and of Massa and Carrara. 

ARTICLE XCVIII. His Royal Highness the Archduke 
Francis d'Este, his heirs and successors, shall possess, in 
full Sovereignty, the Duchies of Modena, Reggio, and 
Mirandola, such as they existed at the signature of the 
Treaty at Campo-Formio. 1 

The Archduchess Maria Beatrice d'Este, her heirs and 
successors, shall possess, in full Sovereignty and property, 
the Duchy of Massa and the Principality of Carrara, as well 
as the Imperial Fiefs in La Lunigiana. 

The latter may be applied to the purpose of exchanges, 
or other arrangements made by common consent, and 
according to mutual convenience, with His Imperial High- 
ness the Grand Duke of Tuscany. 

The rights of Succession and Reversion, established in 
the branches of the Archducal Houses of Austria, relative 
to the Duchies of Modena, Reggio, and Mirandola, and the 
Principalities of Massa and Carrara, are preserved. 

Parma and Placentia. 2 

ARTICLE XCIX. Her Majesty the Empress Maria Louisa 
shall possess, in full property and Sovereignty, the Duchies 
of Parma, Placentia, and Guastalla, with the exception of 

1 Treaty of Campo-Forraio between France and Austria, 1797. 
8 Piacenza. 



CONGRESS TREATY OF VIENNA, 1815 85 

the districts lying within the States of His Imperial and 
Royal Apostolic Majesty on the left bank of the Po. 

The Reversion of these countries shall be regulated by 
common consent, with the Courts of Austria, Russia, 
France, Spain, England and Prussia ; due regard being 
had to the rights of Reversion of the House of Austria, and 
of His Majesty the King of Sardinia, to the said countries. 1 

Possessions of the Grand Duke of Tuscany. 

ARTICLE C. His Imperial Highness the Archduke 
Ferdinand of Austria is re-established, himself, his heirs 
and successors, in all the rights of Sovereignty and pro- 
perty, in the Grand Duchy of Tuscany and its dependencies, 
which he possessed previous to the Treaty of Luneville. 2 

The stipulations of the second Article of the Treaty of 
Vienna, of the 3rd October, I735, 3 between the Emperor 
Charles VI and the King of France, to which the other 
Powers acceded, are fully renewed in favour of His Imperial 
Highness and his descendants, as well as the guarantees 
resulting from those stipulations. 

There shall be likewise united to the said Grand Duchy, 
to be possessed in full property and Sovereignty by the 
Grand Duke Ferdinand, his heirs and descendants ; 

1. The State of the Presidii. 

2. That part of the Island of Elba, and its appurtenances, 
which were under the Suzeraincti of His Majesty the King 
of the Two Sicilies before the year 1801. 

3. The Suzerainete and Sovereignty of the Principality 
of Piombino and its dependencies. 

Prince Ludovisi Buoncompagni shall retain, for himself 
and his legitimate successors, all the property which his 
family possessed in the Principality of Piombino, and in 
the Island of Elba and its dependencies, previously to the 
occupation of those countries by the French troops in 
1799, together with the mines, foundries, and salt mines. 

The Prince Ludovisi shall likewise preserve his right of 
Fishery, and enjoy an entire exemption from duties, as 
well for the exportation of the produce of his Mines, 

1 Parma was united to Sardinia by Decree of March 18, 1860. 
1 Treaty of Luneville between France and Austria, 1801. 
' For Article II of this treaty, see State Papers, vol. ii, p. 48, 
foot-note. 



86 CONGRESS TREATY OF VIENNA, 1815 

foundries, salt mines, and domains, as for the importation 
of Wood and other articles necessary for working the 
mines : he shall also be indemnified by His Imperial 
Highness the Grand Duke of Tuscany, for all the revenues 
the family of the latter derived from the crown duties 
before the year 1801. In case any difficulties should arise 
in the valuation of this indemnity, the parties concerned 
shall refer the decision to the Courts of Vienna- and Sar- 
dinia. 

4. The late Imperial Fiefs of Vernio, Montanto, and 
Monte Santa Maria, lying within the Tuscan States. 1 

Duchy of Lucca. 

ARTICLE CI. The Principality of Lucca shall be possessed 
in full Sovereignty by Her Majesty the Infanta Maria 
Louisa, and her descendants, in the direct male line. 

The Principality is erected into a Duchy, and shall have 
a form of government founded upon the principles of that 
which it received in 1805. 

An Annuity of 500,000 francs shall be added to the 
revenue of the Principality of Lucca, which His Majesty 
the Emperor of Austria, and His Imperial Highness the 
Grand Duke of Tuscany, engage to pay regularly, as long 
as circumstances do not admit of procuring another 
establishment for Her Majesty the Infanta Maria Louisa, 
her son, and his descendants. This annuity shall be specially 
mortgaged upon the Lordships in Bohemia, known by the 
name of Bavaro Palatines ; which, in case of the Duchy of 
Lucca reverting to the Grand Duke of Tuscany, shall be 
freed from this charge, and shall again form a part of the 
private domain of His Imperial and Royal Apostolic 
Majesty. 2 

Reversion of the Duchy of Lucca. 

ARTICLE CII. The Duchy of Lucca shall revert to the 
Grand Duke of Tuscany ; either in case of its becoming 
vacant by the death of Her Majesty the Infanta Maria 
Louisa, or of her son Don Carlos, and of their direct male 
descendants ; or in case the Infanta Maria Louisa or her 

1 Tuscany was united to the Kingdom of Sardinia by Decree of 
March 22, 1860. 

* Lucca was ceded to Tuscany by Treaty of October 4, 1847, and 
Tuscany was annexed to Sardinia by Decree of March 22, 1860. 



CONGRESS TREATY OF VIENNA, 1815 87 

direct heirs should obtain any other establishment, or 
succeed to another branch of their dynasty. 

The Grand Duke of Tuscany, however, engages, should 
the said Reversion fall to him, to cede to the Duke of 
Modena, as soon as he shall have entered into possession 
of the Principality of Lucca, the following territories : 

1. The Tuscan districts of Fivizano, Pietra Santa, and 
Barga. 

2. The Lucca districts of Castiglione and Gallicano, 
lying within the States of Modena, as well as those of 
Minucciano and Monte-Ignose, contiguous to the country 
of Massa. 

Arrangements relative to the Holy See. 

ARTICLE CIII. The Marches, with Camerino, and their 
dependencies, as well as the Duchy of Benevento and the 
Principality of Ponte-Corvo, are restored to the Holy See. 

The Holy See shall resume possession of the Legations 
of Ravenna, Bologna, and Ferrara, with the exception of 
that part of Ferrara which is situate on the left bank 
of the Po. 

His Imperial and Royal Apostolic Majesty and his 
successors shall have the right of placing Garrisons at 
Ferrara and Commachio. 

The inhabitants of the countries who return under the 
Government of the Holy See, in consequence of the stipula- 
tions of Congress, shall enjoy the benefit of Article XVI 
of the Treaty of Paris of the 3oth May, 1814. 

All acquisitions made by individuals, in virtue of a title 
acknowledged as legal by the existing laws, are to be 
considered as good, and the arrangements necessary for 
the guarantee of the public debt and the payment of 
pensions shall be settled by a particular Convention 
between the Courts of Rome and Vienna. 1 

Restoration of King Ferdinand IV at Naples. 

ARTICLE CIV. His Majesty King Ferdinand IV, his 
heirs and successors, is restored to the throne of Naples, 
and His Majesty is acknowledged by the Powers as King 
of the Two Sicilies. 

1 The Marches were annexed to Sardinia by Decree of December 17, 
1860. 



88 CONGRESS TREATY OF VIENNA, 1815 

Affairs of Portugal. Restitution of the Town of Olivenfa. 

ARTICLE CV. The Powers, recognising the justice of the 
claims of His Royal Highness the Prince Regent of Portugal 
and the Brazils, upon the Town of Olivenca, and the other 
territories ceded to Spain by the Treaty of Badajos of 
1801, and viewing the restitution of the same as a measure 
necessary to insure that perfect and constant harmony 
between the Two Kingdoms of the Peninsula, the pre- 
servation of which in all parts of Europe has been the 
constant object of their arrangements, formally engage 
to use their utmost endeavours by amicable means, to 
procure the retrocession of the said territories in favour 
of Portugal. And the Powers declare, as far as depends 
upon them, that this arrangement shall take place as soon 
as possible. 1 

Relations between France and Portugal. 

ARTICLE CVI. In order to remove the difficulties which 
opposed the Ratification on the part of His Royal Highness 
the Prince Regent of the Kingdoms of Portugal and the 
Brazils, of the Treaty signed on the 3Oth of May, 1814, 
between Portugal and France ; it is determined that the 
stipulations contained in Article X of that Treaty, and all 
those which relate to it, shall be of no effect, and that with 
the consent of all the Powers the provisions contained in 
the following Article shall be substituted for them, and 
which shall alone be considered as valid : with this excep- 
tion, all the other clauses of the above Treaty of Paris 
shall be maintained, and regarded as mutually binding on 
the Two Courts. 

Restitution of French Guiana. 

ARTICLE CVII. His Royal Highness the Prince Regent 
of the Kingdoms of Portugal and the Brazils, wishing to 
give an unequivocal proof of his high consideration for 
His Most Christian Majesty, engages to restore French 
Guiana to His said Majesty, as far as the river Oyapock, 
the mouth of which is situated between the fourth and 
fifth degree of north latitude, and which has always been 
considered by Portugal as the Limit appointed by the 
Treaty of Utrecht. 

1 This arrangement was never carried out. 



CONGRESS TREATY OF VIENNA, 1815 89 

The period for giving up this Colony shall be determined, 
as soon as circumstances shall permit, by a Particular 
Convention between the two Courts ; and they shall 
enter into an amicable arrangement, as soon as possible, 
with regard to the definitive demarcation of the limits of 
Portuguese and French Guiana, conformably to the precise 
meaning of Article VIII of the Treaty of Utrecht. 

Navigation of Rivers traversing different States. 

ARTICLE CVIII. The Powers whose States are separated 
or crossed by the same navigable River engage to regulate, 
by common consent, all that regards its navigation. For 
this purpose they will name Commissioners, who shall 
assemble, at latest, within 6 months after the termination 
of the Congress, and who shall adopt, as the bases of their 
proceedings, the Principles established by the following 
Articles. 

Freedom of Navigation. 

ARTICLE CIX. The navigation of the Rivers, along their 
whole course, referred to in the preceding Article, from the 
point where each of them becomes navigable, to its mouth, 
shall be entirely free, and shall not, in respect to Commerce, 
be prohibited to any one ; it being understood that the 
Regulations established with regard to the Police of this 
navigation shall be respected, as they will be framed alike 
for all, and as favourable as possible to the Commerce of 
all nations. 

Uniformity of System for Collection of Dues. 

ARTICLE CX. The system that shall be established both 
for the collection of the Duties and for the maintenance 
of the Police, shall be, as nearly as possible, the same 
along the whole course of the River ; and shall also extend, 
unless particular circumstances prevent it, to those of its 
Branches and Junctions, which, in their navigable course, 
separate or traverse different States. 

Regulation of the Tariff. 

ARTICLE CXI. The Duties on navigation shall be 
regulated in an uniform and settled manner, and with as 
little reference as possible to the different quality of the 



go CONGRESS TREATY OF VIENNA, 1815 

merchandise, in order that a minute examination of the 
cargo may be rendered unnecessary, except with a view to 
prevent fraud and evasion. The amount of the Duties, 
which shall in no case exceed those now paid, shall be 
determined by local circumstances, which scarcely allow 
of a general rule in this respect. The Tariff shall, however, 
be prepared in such a manner as to encourage commerce 
by facilitating navigation ; for which purpose the Duties 
established upon the Rhine, and now in force on that 
River, may serve as an approximating rule for its con- 
struction. 

The Tariff once settled, no increase shall take place 
therein, except by the common consent of the States 
bordering on the Rivers ; nor shall the navigation be 
burdened with any other Duties than those fixed in the 
Regulation. 

Offices for Collection of Dues. 

ARTICLE CXII. The Offices for the collection of Duties, 
the number of which shall be reduced as much as possible, 
shall be determined upon in the above Regulation, and no 
change shall afterwards be made, but by common consent, 
unless any of the States bordering on the Rivers should 
wish to diminish the number of those which exclusively 
belong to the same. 

Towing Paths. 

ARTICLE CXIII. Each State bordering on the Rivers is 
to be at the expense of keeping in good repair the Towing 
Paths which pass through its territory, and of maintaining 
the necessary works through the same extent in the channels 
of the river, in order that no obstacle may.be experienced 
to the navigation. 

The intended Regulation shall determine the manner in 
which the States bordering on the Rivers are to participate 
in these latter works, where the opposite banks belong to 
different Governments. . 

Port and Harbour Dues. 

ARTICLE CXIV. There shall nowhere be established 
Store-house, Port, or Forced Harbour Duties (Droits d'etape, 
d'echelle et de reldche forcee}. Those already existing shall 
be preserved for such time only, as the States bordering 



CONGRESS TREATY OF VIENNA, 1815 91 

on Rivers (without regard to the local interest of the place 
or the country where they are established) shall find them 
necessary or useful to navigation and commerce in general. 

Custom-Houses. 

ARTICLE CXV. The Custom-Houses belonging to the 
States bordering on Rivers shall not interfere in the duties 
of navigation. Regulations shall be established to prevent 
officers of the Customs, in the exercise of their functions, 
throwing obstacles in the way of the navigation ; but care 
shall be taken, by means of a strict Police on the bank, to 
preclude every attempt of the inhabitants to smuggle 
goods, through the medium of boatmen. 

General Regulations to be drawn up. 

ARTICLE CXVI. Everything expressed in the preceding 
Articles shall be settled by a general arrangement, in which 
there shall also be comprised whatever may need an 
ulterior determination. 

The arrangement once settled, shall not be changed, but 
by and with the consent of all the States bordering on 
Rivers, and they shall take care to provide for its execu- 
tion with due regard to circumstances and locality. 

Confirmation of Particular Regulations respecting the Naviga- 
tion of the Rhine, the Neckar, the Maine, the Moselle, 
the Meuse, and the Scheldt. 

ARTICLE CXVII. The Particular Regulations relative to 
the navigation of the Rhine, the Neckar, the Maine, the 
Moselle, the Meuse, and the Scheldt, such as they are 
annexed to the present Act, shall have the same force and 
validity as if they were textually inserted herein. 

Confirmation of the Treaties and Particular Acts annexed to 
the General Treaty. 

ARTICLE CXVIII. The Treaties, Conventions, Declara- 
tions, Regulations, and other particular Acts which are 
annexed to the present Act, viz. : 

i. The Treaty between Russia and Austria, of the 
2ist April/3rd May, 1815 ; 



92 CONGRESS TREATY OF VIENNA, 1815 

2. The Treaty between Russia and Prussia, of the 
2ist April/3rd May, 1815 ; 

3. The Additional Treaty, relative to Cracow, between 
Austria, Prussia, and Russia, of the 2ist April/3rd May, 

1815; 

4. The Treaty between Prussia and Saxony of the 
i8th May, 1815 ; 

5. The Declaration of the King of Saxony respecting the 
rights of the House of Schonburg, of the i8th May, 1815 ; 

6. The Treaty between Prussia and Hanover, of the 
29th May, 1815 ; 

7. The Convention between Prussia and the Grand 
Duke of Saxe- Weimar, of the ist June, 1815 ; 

8. The Convention between Prussia and the Duke and 
Prince of Nassau, of the 3ist May, 1815 ; 

9. The Act concerning the Federative Constitution of 
Germany, of the 8th June, 1815 ; 

10. The Treaty between the King of the Netherlands, 
and Prussia, England, Austria, and Russia, of the 3ist 
May, 1815 ; 

11. The Declaration of the Powers on the Affairs of 
the Helvetic Confederation of the 2oth March ; and the 
Act of Accession of the Diet of the 27th May, 1815 ; 

12. The Protocol of the 29th March, 1815, on the Cessions 
made by the King of Sardinia to the Canton of Geneva ; 

13. The Treaty between the King of Sardinia, Austria, 
England, Russia, Prussia, and France, of the 20th May, 

1815; 

14. The Act entitled ' Conditions which are to serve as 
the Basis of the Union of the States of Genoa with those 
of His Sardinian Majesty ' ; 

15. The Declaration of the Powers on the Abolition of 
the Slave Trade, of the- 8th February, 1815 ; 

16. The Regulations respecting the Free Navigation of 
Rivers ; 

17. The Regulation concerning the Precedence of Diplo- 
matic Agents ; 

shall be considered as integral parts of the Arrangements 
of the Congress, and shall have, throughout, the same force 
and validity as if they were inserted, word for word, in the 
General Treaty. 



CONGRESS TREATY OF VIENNA, 1815 93 

Invitation to the Powers assembled in Congress to accede to the 
General Treaty. 

ARTICLE CXIX. All the Powers assembled in Congress, 
as well as the Princes and Free Towns, who have concurred 
in the arrangements specified, and in the Acts confirmed, 
in this General Treaty, are invited to accede to it. 

Reservations as to the use of the French Language in the 
drawing up of this Act. 

ARTICLE CXX. The French Language having been 
exclusively employed in all the copies of the present Treaty, 
it is declared, by the Powers who have concurred in this 
Act, that the use made of that Language shall not be con- 
strued into a Precedent for the future ; every Power, there- 
fore, reserves to itself the adoption in future Negociations 
and Conventions, of the Language it has heretofore em- 
ployed in its diplomatic relations ; and this Treaty shall 
not be cited as a Precedent contrary to the established 
practice. 

Ratification of the Treaty and Deposit of the Original in the 
Archives of the Court and State at Vienna. 

ARTICLE CXXI. The present Treaty shall be ratified, 
and the Ratifications exchanged in six months, and by the 
Court of Portugal in a year, or sooner, if possible. 

A copy of this General Treaty shall be deposited in the 
Archives of the Court and State of His Imperial and Royal 
Apostolic Majesty, at Vienna, in case any of the Courts of 
Europe shall think proper to consult the original text of 
this Instrument. 

In faith of which the respective Plenipotentiaries have 
signed this Act, and have affixed thereunto the Seals of 
their Arms. 

Done at Vienna, the gth of June, in the year of Our 
Lord, 1815. 

(The Signatures follow in the Alphabetical Order of the 
Courts.) 

AUSTRIA, 

(L.S.) LE PRINCE DE METTERNICH. 
(L.S.) LE BARON DE WESSENBERG. 



94 CONGRESS TREATY OF VIENNA, 1815 

(ESPAGNE) SPAIN. 1 

FRANCE, 

(L.S.) LE PRINCE DE TALLEYRAND. 

(L.S.) LE DUG D'ALBERG. 

(L.S.) LE COMTE ALEXIS DE NOAILLES. 

GREAT BRITAIN, 

(L.S.) CLANCARTY. 
(L.S.) CATHCART. 
(L.S.) STEWART, L. G. 

PORTUGAL, 

(L.S.) LE COMTE DE PALMELLA. 

(L.S.) ANTONIO DE SALDANHA DA GAMA. 

(L.S.) D. JOAQUIM LOBO DA SILVEIRA. 

PRUSSIA, 

(L.S.) LE PRINCE DE HARDENBERG. 
(L.S.) LE BARON DE HUMBOLDT. 



RUSSIA, 

(L.S.) LE PRINCE DE RASOUMOFFSKY. 
(L.S.) LE COMTE DE STACKELBERG. 
(L.S.) LE COMTE DE NESSELRODE. 

SWEDEN, 

(L.S.) LE COMTE CHARLES-AXEL DE LOWEN- 
HIELM. 

(Save and except the reservation made to the 
Articles CI, CII, and CIV of the Treaty.) 

[NOTE. For these reservations, see State Papers, vol. ii, pp. 759, 
760.] 

1 Spain acceded to the treaty on June 7, 1817. She did not 
sign it. 



CONGRESS TREATY OF VIENNA, 1815 95 



ANNEX I. Treaty between Austria and Russia respecting 
Poland. Signedat Vienna April 2i/May 3, 1.8I5. 1 Articles 
i, 2, 3, 4, 5 were embodied in the principal Treaty as, respec- 
tively, 5, 3, 4, 6, and i. They had reference to the new 
Austro- Russian frontiers, &c. Article 6 enabled inhabi- 
tants to leave the country on its transfer. Articles 7, 8, 9 
were embodied in the principal Treaty as Articles n, 12, 
and 13, general amnesty and sequestrations. Articles 10 
to 23, property of proprietors having estates on both sides 
of boundary line. Articles 24 to 29, navigation of rivers 
in Poland, tariffs, &c. (see Article 14 of principal Treaty). 
Articles 30 to 40 related to loans and debts, surrender of 
documents, evacuation of territories, &c. 

ANNEX II. Treaty between Russia and Prussia relating 
to Poland, signed at Vienna April 2i/May 3, 1815.2 

Articles i, 2, 3, 5, 6, 7 are embodied in substance in the 
principal Treaty as Articles 2, 6, i, n, 12, 13 respectively. 
The remaining provisions of the Treaty are very similar to 
those of the Austro-Russian Treaty (see Annex I). 

ANNEX III. Additional Treaty between Austria, 
Prussia, and Russia relative to Cracow. Signed at Vienna 
April 2i/May 3, 1815. 3 

Articles i, 2, 3, 6, embodied in principal Treaty as 
Articles 6, 7, 8, 9. This Treaty constituted Cracow a free, 
neutral, and independent town under the protection of 
Austria, Prussia, and Russia, with consequent conditions 
and privileges. [By a treaty between the same Powers 
dated November 6, 1846, the above additional Treaty was 
abrogated, the independence of Cracow was put an end to, 
and the territory incorporated with Austrian dominions. 
The British and French Governments protested against 
this infraction of the Treaty of Vienna. 4 The constitution 
of Cracow, which was appended to this Annex, disappeared 
with the Treaty which created it.] 

ANNEX IV. Treaty between Prussia and Saxony (also 
between Austria and Saxony and between Russia and 

1 State Papers, vol. ii, p. 56. * Ibid., vol. ii, p. 63. 

' Ibid., vol. ii, p. 74. ' Hertslet, vol. i, p. 120, foot-note. 



96 CONGRESS TREATY OF VIENNA, 1815 

Saxony) on the subject of territorial reconstruction. Signed 
at Vienna May 18, 1815.* 

Articles 2, 4, 13, 16, 21 were incorporated in the principal 
Treaty as Articles 15, 16, 20, 21, and 22. They related to 
territorial changes, religious property, amnesty, emigra- 
tion, &c. 

Article 17 concerned the navigation of the Elbe. Article 
19, supply of salt from Prussia duty free. Article 22, 
recognition by Saxony of sovereign rights of Austria, 
Prussia, and Russia in portions of Poland, &c. [Great 
Britain acceded to this Treaty.] 

ANNEX V. Declaration of King of Saxony on Rights of 
House of Schonburg, Vienna, May 18, 1815. Act of Accep- 
tation by the five Powers, May 29, i8i5. 2 

ANNEX VI. Treaty (territorial), Prussia and Hanover. 
Vienna, May 29, i8i5. 3 Articles i, 2, 4, 5, 6 embodied in 
the principal Treaty as Articles 27, 28, 29, 30, 31. Reci- 
procal cessions, Prussia, Hanover, Brunswick, Oldenburg, 
navigation of the Ems, debts, &c. 4 

ANNEX VII. Convention (territorial), Prussia and Saxe- 
Weimar. Vienna, June i, i8i5. 6 Article 3 was embodied 
in the principal Treaty as Article 39.' 

ANNEX VIII. Convention (territorial). Prussia and 
Nassau. Vienna, May 31, 1815.' This convention contains 
a stipulation (Article 5) relating to the fortress of Ehren- 
breitstein, enabling Prussia to erect military works within 
a certain radius of the fortress ' even in those communes 
which may remain under the Sovereignty of the House of 
Nassau '. 

ANNEX IX. Act concerning the Federative Constitution 
of Germany. Vienna, June 8, 1815. 8 Articles I to II, first 
paragraph, are embodied in the principal Treaty as 
Articles 53 to 63. This Act established a Confederation of 
the Sovereign Princes and Free Towns of Germany (17 in 

1 State Papers, vol. ii, p. 84. * Ibid., vol. ii, pp. 93, 94. 

* Ibid., vol. ii, p. 94. 

4 The Kingdom of Hanover was annexed to Prussia by Decree of 
September 20, 1866 ; State Papers, vol. Ivi, p. 1067. 

* State Papers, vol. ii, p. 100. 

A further Convention on the same subject was concluded 
between the two Powers on September 22, 1815 ; State Papers, 
vol. ii, p. 944. 

7 State Papers, vol. ii, p. 102. 

Ibid., vol. ii, p. 1 14. 



CONGRESS TREATY OF VIENNA, 1815 97 

number), including Denmark for the Duchy of Holstein 
and the Netherlands for the Grand Duchy of Luxemburg, 
forming together the Germanic Confederation for the main- 
tenance of the safety of Germany and the independence of 
the confederated States. Austria was also a member of 
this Confederation. A Federative Diet was formed to sit 
at Frankfort, each of the 17 members having one vote, and 
a General Assembly in which the number of votes to each 
member was apportioned according to the respective extent 
of the individual States. The Act further contained stipu- 
lations on various matters bearing on the regulation of 
affairs. 

ANNEX X. Treaty, Great Britain, &c. and Netherlands. 
Vienna, May 31, I8I5. 1 Union of the Netherlands and 
Belgium, 2 cessions of territory, Luxemburg, boundaries, 
&c. Articles i to 8 were embodied in the principal Treaty 
as Articles 65 to 73. Appended to the Treaty is an Act of 
the Netherlands Government of July 21, 1814, accepting 
the sovereignty of the Belgian Provinces. 

ANNEX XI A. Declaration (8 Powers) respecting Hel- 
vetic Confederacy. Vienna, March 20, i8i5. 3 Articles i 
to 8 are, with certain omissions, embodied in the principal 
Treaty as Articles 74, 75, 76, 77, 79, 81, 82, 83. They deal 
with the integrity of the Cantons, the addition of 3 new 
Cantons, and stipulations for regrouping of territory, 
military roads and other internal arrangements. 

ANNEX XI B. Act of Acceptance by Switzerland of the 
above Declaration. Zurich, May 27, 1815. 4 

ANNEX XII. Protocol (8 Powers). Vienna, March 29, 

1815. 5 Cessions by Sardinia to Geneva. Passage of troops. 
Protection of Catholic religion in ceded territory, &c. 

ANNEX XIII. Treaty, Austria and Sardinia (also Great 
Britain, Russia, Prussia, and France). Vienna, May 20, 

1815. 6 Articles i to 8 embodied in principal Treaty as 
Articles 85 to 92. Boundaries of Sardinia, union of Genoa, 
fortifications, cessions to Geneva, neutrality of Chablais 
and Faucigny, passage of troops, &c. Appended to this 

1 State Papers, vol. ii, p. 136. 

* This Union was dissolved by Treaties of November 15, 1831, 
and April 19, 1839 ; see State Papers, vol. xviii, p. 645, and vol. xxvii, 
p. 1000. This matter is subsequently dealt with in a separate 
chapter: seep. 126 fi. 

1 State Papers, vol. ii, p. 142. 4 Ibid., vol. ii, p. 147. 

Ibid., vol. ii, p. 149. Ibid., vol. ii, p. 152. 

1903 



98 CONGRESS TREATY OF VIENNA, 1815 

Annex are the conditions respecting the government of 
Genoa, Geneva, &c. 

ANNEX XIV. Conditions attaching to union of Genoa 
with Sardinia. 1 

ANNEX XV. Declaration (8 Powers). Vienna, February 
8, 1 815.2 Proposed universal abolition of the Slave Trade ; 
to be a subject for separate negotiations between the Powers. 

ANNEX XVI. Regulations. Vienna, March i8i5. 3 
Embodied in the principal Treaty as Articles 108 to 116. 
Navigation of rivers. General arrangements, uniformity 
of system, &c. The Rhine, Neckar, Maine, Moselle, Meuse, 
Scheldt. 

ANNEX XVII. Regulations. Vienna, March 19, i8i5. 4 
Concerning the Rank and Precedence of Diplomatic Agents. 

The above epitome gives roughly the purport of the 
seventeen Annexes to the Vienna Congress Treaty of 
June 9, 1815. 

1 Stale Papers, vol. ii, p. 959. * Ibid., vol. iii, p. 971. 

* Ibid., vol. ii, p. 162. Ibid., vol. ii, p. 179. 



CHAPTER III 

THE INDEPENDENCE OF GREECE. 

Nationalism in Europe Mediaeval Greece Greece and the 
Turks Phanariots Cora.es Revolt of Greece England 
and Greece Nicholas I Protocol of St. Petersburg Treaty 
of 1827 Navarino Campaigns of Diebitsch Treaty of 
Adrianople Capodistrias and Leopold of Saxe-Coburg Treaty 
of London, 1832 Bavarian Regime The Danish Dynasty 
Treaty of London, 1863 Accessions of Territory The Euro- 
pean War M. Venizelos Salonika King Constantino The 
Provisional Government. 

Texts: The Treaty of London (1832) The Protocol of London 
(1830) The Treaty of London (1863). 

FOR thirty-three years after the Congress of Vienna, the 
peace of Europe, though often threatened, was never 
seriously disturbed. This was partly due to the aversion 
from war left upon men's minds by the memory of the san- 
guinary period which had been ushered in by the French 
Revolution ; partly also to the efforts of the Holy Alliance 
to maintain the peace of Europe by concerted action of 
the Powers. But the policy of the Holy Alliance could not 
be maintained against the growing sentiment of nationalism, 
which by the year 1820 was showing itself to be a potent 
force in Spain, Italy, and in Greece. It was in the latter 
country that nationalism attained one of its earliest and 
most remarkable developments in the nineteenth century. 

Greece, since the great days of the fifth century before 
Christ, had passed through many vicissitudes. In turn, 
Romans, Byzantines, and crusading Franks had held it. 
Italians from Naples, Florence, and Venice had left their 
mark in Attica and the Morea. But by 1460 the whole of 

11 2 



ioo THE INDEPENDENCE OF GREECE 

Greece had come under the Turks, whose dominion over it, 
except for eighteen years of Venetian government in the 
Morea (1699 to 1718), remained unbroken till the nineteenth 
century had run one-quarter of its course. 

In the meantime, during the Middle Ages and the later 
centuries, the Greeks had not preserved the ancient purity 
of their race. The Slavs had come down south of the 
Balkans, and the Albanians had penetrated as far even as 
Attica. The Greek language had become degraded into 
patois, filled with alien words ; the glorious classics of 
ancient Greece were forgotten in the land. 

But in the hundred years before the War of Independence 
actually broke out, forces were at work which gradually 
wrought upon the modern Greeks the consciousness that 
they were the heirs of an ancient heritage, that they were 
a people fitted still to be free and independent. 

This growth of a national sentiment was not the result 
of Turkish misgovernment. The Turks have indeed never 
been good administrators. Their financial and judicial 
systems in Greece were in certain directions oppressive 
owing to an arbitrary and corrupt element in them. Yet 
the Turks, like all arbitrary but ill-organized governments, 
left a considerable amount of freedom to their subjects, 
and the Greeks under their rule enjoyed a considerable 
share of prosperity. This prosperity was noticeable 
throughout the whole of the eighteenth century. 1 The 
peasantry either cultivated their own land, or held it as 
tenants, paying a fixed amount of the produce as rent. 
Their social and economic condition was good : ' in com- 
parison with the Prussian serf, the Greek cultivator at the 
beginning of the eighteenth century was an independent 
man ; in comparison with the English labourer, he was 
well fed and well housed.' 2 Their prosperous condition 

1 See Finlay, History of Greece (146 B.C.-A.D. 1864), edition 1877, 
vol. v, ch. v. 
* Fyffe, Modern Europe, chap, iv, edition 1892, p. 238. 



GREECE 

1832-1913 

English Miles 




102 THE INDEPENDENCE OF GREECE 

made them receptive of other influences which tended to 
a spiritual awakening. There were, moreover, sufficient 
sources of irritation in the Turkish regime to make the 
Greeks look upon their conquerors as infidel oppressors. 

The Greek Church had always kept alive a certain amount 
of national feeling. The lower clergy were men of the 
people, married, very little above the level of those whose 
spiritual needs they tended. They were superstitious and 
unlearned, but had not the less on this account the sym- 
pathy of their flock. The higher clergy, the bishops, 
belonged to the monastic side of the Church ; they, too, 
had considerable influence over the people, through the 
bishops' courts, where the Turks permitted cases of both 
spiritual and secular interest to be brought. The services 
of the Church preserved something more of the classical 
Greek language than was contained in the vernacular of 
the country. 

Under the Turkish regime there was almost an official 
aristocracy of Greeks wealthy families, dwelling in the 
quarter of Constantinople by the Phanar lighthouse. These 
' Phanariot ' Greeks regularly held important appointments 
in the Turkish administration, such as that side of it which 
dealt with foreign relations, with the drafting of treaties, 
and such matters. Moreover, since the end of the native 
tributary princes of Wallachia and of Moldavia between 
1711 and 1716, the Phanariot Greeks had by purchase se- 
cured the ' farm ' of the governorship of the Principalities. 
The Phanariots were well-educated and often able men, 
who did much by establishing schools to spread the feeling 
of Hellenism throughout their countrymen. In this work, 
at the end of the eighteenth century, they were much 
helped by wealthy Greeks who had established themselves 
in Odessa, a city which was founded by the Russians in 
1794, and where Greek merchants established a great hold 
upon the corn-trade. 

The one man who did more than any other to train and 



REVOLT OF GREECE 103 

develop the comparatively small germ of national feeling 
which existed before his time among the Greeks was 
Adamantos Coraes, who devoted his long life to re-creating 
Greek literature and spreading the knowledge of the 
ancient Hellenic classics. This great scholar lived from 
the year 1748 to ^i 833, and from the year 1789 resided at 
Paris, an observer of the French Revolution and of the 
reverberations of that remarkable event in Western Europe. 
Spiritual things are more potent than material, and it is 
impossible to over-estimate the effect of the scholarship of 
Coraes. Expensive editions of Homer and Aristotle may 
not appear at first sight to be the best means of rousing an 
ignorant and half- Slavonic people to a sense of community 
with the free ancient Greeks whose language they did not 
understand. But Greek studies had never been really dead 
among thePhanariots at anytime in the eighteenth century. 1 
Coraes had something to build upon, and gradually he not 
merely extended the knowledge of ancient Greek literature, 
with all the political ideals that it contained, but he also 
created a literary language for the modern Greeks, a vehicle 
for the transmission of knowledge, purer than the debased 
patois of the peasants, but not so archaic as to be unsuitable 
for the needs of modern men. 

By the end of the Napoleonic Wars, Greece was ready 
to revolt. There was a large mercantile marine, manned 
by the hardy islanders of the Aegean, sailing largely under 
the Russian flag, monopolizing a great part of the commerce 
of the Black Sea and the Levant. The powerful secret 
society, the Hetaeria Philike, founded by the wealthy 
enlightened Greeks of Odessa in 1814, did much to spread 
the seeds of revolt. In 1820 Alexander Ypsilanti, who 
belonged to a distinguished Phanariot family, and had 
risen to be a major-general in the service of the Tsar 
Alexander I, was elected president of the Hetaeria Philike. 

1 See Rhangabe, Histoire litltraire de la Grlce moderns (Paris, 
1877) ; Coraes, Autobiography (in Greek), Athens, 1891. 



104 THE INDEPENDENCE OF GREECE 

Next year, March 6, 1821, he crossed the Pruth with his 
following of Greek officers from the Russian service. The 
revolt was ill-timed and ill-conducted. Some temporary 
success was attained in the Principalities, but before June 
was out the Turks had driven him across the frontier into 
Austrian territory, where he was imprisoned for the next 
seven years, and then released to die in poverty. The 
revolt was thus suppressed in Wallachia and Moldavia, but 
it broke out simultaneously in the Morea and soon spread 
throughout all Greece. But it had no great success for 
some years yet. For when the Porte had succeeded in 
subduing their rebellious Pasha, Ali of Yanina, their forces 
were too much for the divided, ill-organized Greeks. Nor 
did the Powers of Europe give them any encouragement 
or support. 

For five years war went on without any decisive result. 
The peasant-soldiers of the Greek mainland and the hardy 
islanders by sea proved themselves to be good fighters. 
Yet the war was not more creditable to the Greeks than 
to the Turks ; it became a war of religion and of race, 
disgraced by terrible massacres on either side. The Greeks 
themselves could not agree, and at times there was open 
civil war among them. 

The public opinion of Europe was in favour of the Greek 
national cause, but the Governments at first were against 
it. In 1821 Castlereagh still directed British foreign policy, 
and was anxious to maintain the existing state of affairs, 
fearful of another general conflagration such as Europe 
had passed through after the French Revolution. Metter- 
nich was still the guiding spirit of the Holy Alliance, and 
prevented Alexander I of Russia from giving support to 
the Greeks. 

In 1822 Castlereagh died by his own hand, and was 
succeeded as Foreign Secretary by the liberal-minded 
Canning. British volunteers, such as the poet Byron, the 
soldier Church, the sailor Cochrane, who in their different 



NICHOLAS I 105 

ways gave most valuable help, joined themselves to the 
Greek cause. Yet the year 1825 closed with the Greek 
cause standing lower than ever, for Sultan Mahmud had 
called in the support of his independent Pasha, Mehemet 
Ali of Egypt, whose able son Ibrahim reconquered the 
Morea. The British Government had felt bound to 
prohibit its subjects from taking any part in the war. 1 
But at the end of the year (December i, 1825) Tsar 
Alexander I of Russia died, giving place to his younger 
brother, the determined and energetic Nicholas I, who 
gradually and in the end decisively made his influence felt 
upon the destinies of Greece. 

The Tsar Nicholas was no democrat, but as the head of 
Russia his interests lay in striking at Turkish power in 
Europe, and in helping the Orthodox Greek subjects of the 
Porte. Canning, unlike Nicholas, was both liberal-minded 
and the inheritor of a tradition, then just becoming firmly 
established, of friendship with Turkey and support of Turkey 
in Europe. Yet he had sympathy with national ideals and 
with Greek aspirations, and the public opinion of England 
was with him. He decided to approach Nicholas, and 
accordingly in 1826 sent the Duke of Wellington to Petro- 
grad. The Duke, a strong Conservative, a firm upholder 
of constituted authority, had no liking for a mission in 
favour of the rebel Greeks. Yet when asked to go to 
Petrograd, his simple creed of duty admitted of no alter- 
native. Once he made up his mind to carry out the mission, 
no man was better fitted for it. His character was natur- 
ally congenial to Nicholas, and it did not take them long 
to come to an understanding. On April 4, 1826, the Pro- 
tocol of St. Petersburg was signed. 2 

1 Proclamation with penalties attaching, September 30, 1825, in 
Hertslet. vol. i, No. 125. This was apparently merely the usual 
Proclamation of Neutrality issued under the provisions of the 
Foreign Enlistment Act (59 Geo. Ill, cap. 69). Its effect may 
probably have been to recognize the Greeks as belligerents. 

1 Hertslet, vol. i, No. 129. 



106 THE INDEPENDENCE OF GREECE 

By this arrangement Great Britain and Russia agreed 
to offer their mediation to the Porte with a view to placing 
Greece in the position of a Dependency of Turkey. The 
Greeks ' should pay to the Porte an annual Tribute ', and 
' should be exclusively governed by authorities to be 
chosen and named by themselves, but in the nomination 
of which authorities the Porte should have a certain 
influence '- 1 If the Porte should reject the proffered media- 
tion, Great Britain and Russia were still to consider this 
scheme as the basis of any settlement ' to be effected by 
their intervention, whether in concert or separately '. a 

Next year France gave its adhesion to the policy laid 
down in the Protocol of St. Petersburg. On July 6, i827, 3 
the three countries concluded a formal treaty embodying 
the provisions of that document. To this were added some 
important clauses. If the Turks refused the mediation 
the Allies would take steps to recognize Greek indepen- 
dence by appointing consular agents to Greece. If neither 
side would agree to an armistice, the Allies would take 
steps to prevent a collision between them, ' without, how- 
ever, taking any part in the hostilities between the Two 
Contending Parties '. 

The Treaty of London was Canning's last achievement. 
He had only become Prime Minister, in succession to the 
venerable Earl of Liverpool, in April. In August he him- 
self died. Lord Goderich became Prime Minister. It was 
during this statesman's term of office that the momentous 
battle of Navarino occurred. 

An armistice had been proposed to the belligerents ; this 
the Greeks had, naturally, accepted readily, but the Turks 
had refused. Accordingly the Allied admirals in the 
Mediterranean, in accordance with their instructions, 
resolved to put pressure on the Porte. On October 20 the 
English, French, and Russian squadrons sailed into the 

Hertslet, Article I. * Ibid., Article III. 

* Treaty of London : Hertslet, vol. i, No. 136. 



TREATY OF ADRIANOPLE 107 

Bay of Navarino, the ancient Pylus, on the south-east coast 
of the Morea. The object of the admirals was to parley 
with the Turkish commander and to persuade him to an 
armistice. The Turkish chief, Ibrahim Pasha, was at the 
time away with his land forces, devastating the Morea. 
The colloquy with the Turks in Navarino Bay ended, as it 
was practically certain to do, with hostile acts on the part 
of the Turkish captains. The Allied fleet was in battle 
order, ready for such an emergency. A general conflict 
ensued, and by the end of the day the Egyptian fleet was 
destroyed. 

This great battle saved Greece, for although the main- 
land was now overrun by the Turks, they could not touch 
the Islands, the real strongholds of the Greek cause. Yet 
its immediate results were disappointing. Admiral Cod- 
rington, who as senior officer was in command of the Allied 
fleet, wished to force the Dardanelles (then quite a feasible 
operation), and by appearing off Constantinople, to compel 
the Porte to accept the Treaty of London. But Canning's 
vigorous hand was no longer at the helm of the ship of 
state. Lord Goderich resigned. The Duke of Wellington 
became Prime Minister, resolved that he would intervene 
no further. The inaction of Britain, however, made very 
little difference to Greece now ; it only meant that Russia 
would gain the laurels which Britain should have shared 
with her. On April 20, 1828, Tsar Nicholas began war 
upon Turkey. The campaign of this year was a failure, 
but in 1829 the soldierly qualities of Diebitsch quickly 
made themselves felt. The passage of the Balkans was 
forced, and on September 14 the Porte accepted terms of 
peace at Adrianople. 1 By Article X of this treaty Turkey 
agreed to adhere to the Treaty of London, 1827, in which 
Great Britain, Russia, and France denned their scheme 
for the settlement of Greece. 

The independence of Greece was thus achieved. While 
1 Hertslet, vol. i, No. 145. 



roS THE INDEPENDENCE OF GREECE 

the Russians had been fighting in Bulgaria, the Greeks in 
the Morea, aided by a French expedition sent in 1828, 
had reconquered that region. On February 3, 1830, the 
three Powers, Great Britain, France, and Russia, by a 
protocol entered into at London, carried into effect the 
declared intention of their Treaty of 1827. The Porte, 
by Article X of the Treaty of Adrianople, had agreed to 
such a course of action on the part of the Powers. But 
the Protocol of 1830 l secured to Greece far better terms 
than the Treaty of 1827 had outlined, for in the interval 
the Turks had been defeated by land and sea, had lost the 
whole of Greece south of the Gulf of Corinth and a con- 
siderable tract to the north of the Gulf, and had been faced 
with the prospect of seeing a Russian army before the walls 
of Constantinople. Their chance of keeping the Greeks 
tributary had therefore passed away. The Protocol of 
London, 1830, declared Greece to be a completely inde- 
pendent State. It was to be a monarchy, under a Sovereign 
Prince, who should not be a member of the reigning families 
of any of the Powers signatory of the Treaty of 1827. Since 
1827 the President of the Greek Government had been the 
able and patriotic Capodistrias. On February n, 1830, 
the crown was accepted by Leopold of Saxe-Coburg (sub- 
sequently King Leopold I of Belgium), but he never came 
to his adopted country, for he renounced it in May of the 
same year. Capodistrias therefore remained President, but 
was himself assassinated in October 1831. His death was 
followed by another troubled period in Greece, till on 
May 7, 1832, the three Powers made their final act, the 
well-known Treaty of London, which definitely secured 
Greek independence, on a substantial footing. 

The preamble to this treaty refers to the desire which 

the Greek leaders had on various occasions expressed to 

the three Powers that they would intervene to effect 

a settlement between Greece and Turkey. The Turks, 

1 Hertslet, vol. ii, No. 149. 



TREATY OF LONDON, 1832 icg 

naturally, had refused such mediation, as long as their 
arms were successful. But the battle of Navarino and 
the campaign of General Diebitsch had put an end to the 
Turks' chances of subduing Greece, and this they had 
definitely recognized when they concluded the Treaty of 
Adrianople. The Protocol of London, 1830 (p. 108), had 
made Greece independent under the guarantee of the three 
Powers, and is referred to in Articles IV and VI of the 1832 
Treaty. The Treaty of 1827 had declared that Greece 
should be tributary to Turkey : the Turks refused this. 
The Protocol of 1830 had declared that Greece should be 
independent under a Sovereign Prince. Finally, the 1832 
Treaty made Greece a kingdom. 

By Article I the crown was offered to a prince of the 
ancient House of Wittelsbach, Frederick Otho, second son 
of King Ludwig I of Bavaria. Article IV placed the inde- 
pendence of Greece under the guarantee of Great Britain, 
France, and Russia ; this guarantee is referred to and con- 
tinued in the Treaty of London, July 13, I863. 1 Article V 
leaves the Greek boundaries to be settled by negotiations 
which were then going on between the three Powers and Tur- 
key. Article VIII contains the stipulation, usual in treaties 
regarding the establishment of a dynasty belonging to an 
already reigning house, that the two crowns are never to 
be united. Three other points of permanent interest appear 
in the treaty : by Article XII the three Powers engaged, 
the Emperor of Russia by his autocratic power, Great Britain 
and France with the consent of their legislative bodies, to 
guarantee the interest and sinking fund of a loan to be 
raised by Greece. Article XIII refers to a pecuniary 
indemnity to Turkey, for loss of territory owing to the 
establishment of Greek independence. Articles XIV and 
XV declared that a small body of troops and officers should 
be brought from Bavaria to Greece, to assist in its organi- 
zation. 

1 See pp. 123-125. 



no THE INDEPENDENCE OF GREECE 

Under the conditions of Article XII Greece raised a loan 
of 60,000,000 francs ; in 1857, owing to the failure of the 
Greek Government to meet the charges for interest and 
sinking fund, Great Britain, France, and Russia had to 
supply the necessary funds. In 1860 an arrangement was 
come to by which Greece should begin again to contribute 
towards the discharge of her obligations, by paying 12,000 
per annum to each of the three Powers, who were dis- 
charging her loan. This arrangement is still in force, but, 
during the lifetime of King George, the three Powers, 
under the Treaty of March 29, 1864, annually gave back 
4,000 each as an addition to the Civil List of the Greek 
Crown. 

The indemnity referred to in Article XIII was fixed at 
40,000,000 piastres, in the boundary treaty between Great 
Britain, France, and Russia on the one part, and Turkey on 
the other, concluded on July 21, 1832. This sum, equal to 
about 375,000, was not of course compensation to Turkey 
for the loss of Greece, but for losses due to individual landed 
proprietors. 

The presence of Bavarian officers and councillors round 
King Otho gave an influence to his method of government 
which was not conducive to his popularity in Greece. In 
1862 his Government was overthrown by a military revolt, 
and the king himself deposed by a National Assembly. In 
the Treaty of 1832, Great Britain, France, and Russia had 
not guaranteed King Otho and his dynasty, but only the 
independence of Greece. Accordingly, when the National 
Assembly elected Prince William of Schleswig-Holstein- 
Sonderburg-Gliicksburg (second son of Christian IX of 
Denmark) as king, Great Britain, France, and Russia 
agreed to this by another Treaty of London, July 13, 1863. 
The new king was to take the title of George I, King of the 
Greeks (Article II), but later in the same year it was altered 
to King of the Hellenes. 1 By Article III, Greece, under 
> This Treaty is in Hertslet, vol. ii, No. 347. 



ACCESSIONS OF TERRITORY in 

the sovereignty of Prince William of Denmark, and the 
guarantee of the three Courts, forms a monarchical, inde- 
pendent, and constitutional State. 

The boundary of Greece as settled by the negotiations 
referred to in Article V of the Treaty of May 7, 1832, 
included only some 750,000 of the Hellenic race. The con- 
tinental boundary ran from the Gulf of Volo to the Gulf of 
Arta, that is to say, from a point on the mainland north of 
the Island of Euboea, on the east of Greece, to a point just 
north of Acarnania on the west. 1 A previous convention 
had defined the insular possessions of Greece as the Island 
of Euboea or Negropont and the Cyclades. 2 All this was 
indeed but a very small part of the ancient Hellas. By 
the Treaty of London, 1863, when the three Powers recog- 
nized the succession of the Prince of Denmark, Great Britain 
also gave to Greece the Ionian Islands, 3 which had been 
a British protectorate since 1815. During the Crimean War, 
and again in the Russo-Turkish War of 1877-8, Greece 
had attempted to increase her continental boundaries at 
the expense of Turkey. The Congress of Berlin listened 
to Greek delegates, but Greece gained nothing by the 
Treaty of Berlin. Her affairs were now in the hands of all 
the six Great Powers of Europe, and through their influence 
Turkey was induced to give up Thessaly to Greece in i88i. 4 
The French Minister of Foreign Affairs, W. H. Waddington, 
greatly contributed to this result. The disastrous war 
of 1897 with Turkey left Greece with a worse position 
on the Thessalian frontier and completed her national 
bankruptcy, which happened the same year. In 1912-13, 

1 Treaty between Great Britain, France, and Turkey (Constanti- 
nople), July 21, 1832. Hertslet, vol. ii, No. 161. 

1 Ibid., No. 142. March 22, 1829. 

1 See also Treaty between Great Britain, France, Russia, and 
Greece (London), March 29, 1864. Hertslet, vol. iii, No. 357. 

Treaty between the six Powers and Turkey (Constantinople). 
May 24. 1 88 1. Hertslet, vol. iv. No. 584. By this rectification of 
her frontier Greece acquired something like 14,000 square miles of 
new territory. 



112 THE INDEPENDENCE OF GREECE 

however, Greece was more successful, and by the Treaties 
of London and Bucharest obtained a valuable part of 
Macedonia, including Salonika. She retained possession 
of important islands, taken by her navy in the First 
Balkan War (1912-3) , and of Crete. To complete the limits 
of ancient Hellas, she would have to add certain other 
islands, and the coast-land of Asia Minor, the classic Ionia. 
During the period when M. Venizelos was Premier, Greece 
made enormous progress in every direction. At the out- 
break of war in August 1914, Greece and Turkey were 
themselves almost on the point of war over their contend- 
ing interests. When Turkey threw in her lot with the 
Central Powers, it was M. Venizelos's hope that by aiding 
in the expulsion of the Ottoman Empire from Europe, he 
might be able to re-establish something like ancient Hellas, 
a nation in Greece, the Islands, and the western coast of 
Asia Minor. 1 He was, however, prevented from throwing 
Greece into the war by King Constantine, who, in the dark 
days of 1915, saw no reason to count on the ultimate 
triumph of the Entente Powers. He was, in fact, accord- 
ing to a telegram from himself to Berlin of July 25/Aug. 5, 
1914, disclosed in the Diplomatica Engrapha 1913-1917 

1 See Speech of M. Venizelos, August 27, 1916 (published by the 
Anglo-Hellenic League, 1916) : 

" 'Avri rd i-ntKraOufjifv (Is rty tAiKpav 'Afftav, KOI TTJV Qpaicrjv KOI r^v 
Kvtrpov, \vovrts rf\fi<aTiKUS rds virtpxt\i(T(ts 5taij>r>pds fias /^ TONS Svo 
iOviKovs (MS fx^povs KOI SrjfuovpfovvTfS 'EAAaSa /it-yaAiji/ KCU ia\vpa.t> teal 
ir\ovoiav, uvTairoKpivofi.ivqv th rd. iiif/iirtTtarfpa iOviKO. ovtipa, 0\(irofitv TOVS 
BowA-ydpovj vd tlatXavvow ty T^V 'l,\\r)ViK})V ~M.dKtdovia.v, va Karakanfldvovv 
Kal TT,V vircuOpov x^P av "^ r -S v6\tts qt r& <ppovpta /*as, vd. cux/*aAa>Tiow 
^ iicfi TpTina-ra. TOV 'E\\r]vtKov arparov, \eupls vci (vpaKajftfOa irpds TOVS 
tir8po/irs ovT( (h Krjpvyutvov OUT* fh dKTjpvKrov ir6\ffiov aj tvS> /*5.s vapt- 
\ovrat vir avrwv irpoy (/jnraiypov al <pt\iKUiTtpcu 5ia/3f/3aiw(Ts." 

' Instead of expanding in Asia Minor, in Thrace, and in Cyprus ; 
instead of settling the differences of more than a thousand years 
with our two national enemies, and calling into being a Hellas great 
and rich and powerful, corresponding to the highest nights of our 
national aspirations we see the Bulgarians overrunning Greek 
Macedonia, occupying the open country and our towns and our 
fortresses, imprisoning the local detachments of the Greek Army, 
while we ourselves are not even in a state of either declared or 
undeclared war towards the invaders, who continue to mock us 
with the assurances of their friendship.' 



M. VENIZELOS 113 

(p. 48), upholding ' a neutrality which would be useful to 
Germany '. 

At the beginning of October, 1915, General von Mackensen 
began his great campaign against Serbia. On October 7, 
Bulgaria joined the Central Powers and invaded Serbia. 
The Serbs called on Greece to fulfil her obligations under 
a defensive alliance which the two States had concluded 
after the Second Balkan War. 1 

On September 25, 1915, M. Venizelos had asked the 
English and French ministers whether, in the event of 
Bulgaria making war upon Serbia, Great Britain and 
France would provide the 150,000 men which under the 
Serbo-Greek Treaty Serbia was bound to put in the field. 
Greece could provide her contingent, but Serbia, having 
already mobilized all her forces, could do no more. The 
British and French Governments at once agreed to under- 
take Serbia's obligations. This appears to be as far as 
matters went between the Allies and M. Venizelos up to 
the time of the landing of Allied troops at Salonika, which 
began on October 2. According to M. Venizelos' s own 
account, which there is no reason to doubt, he was surprised 
by the landing, and had neither invited it nor consented to it. 2 

The justification of the Allies' landing at Salonika does 
not lie, therefore, in any invitation of M. Venizelos, but 
in the rights which by treaty the Allies possessed. The 
documents on which those rights depended were the 
Protocol of February 3, 1830, the Treaty of May 7, 1832, 
and the Treaty of July 13, 1863. The Protocol stipulates, 
by Article VIII, that 

No troops belonging to one of these Contracting 
Powers shall be allowed to enter the territory of the New 
Greek State without the consent of the two other Courts 

1 The treaty was made on May lo-June i, 1913. It was published 
as a White Book by the Venizelos Government on August 18, 1917. 
See Diplomatika Engrapha (AurAcu/iaTiKd'E-y-ypcK/xi), 191317, pp. 6-21. 

1 See article in The New Europe, November 9, 1916, by R. M. 
Burrows, ' Absolutism in Greece and our Treaty Rights ', 

1903 j 



H4 THE INDEPENDENCE OF GREECE 

who signed the Treaty [i. e. the Treaty of July 6, 1827, 
see p. 106]. 

This protocol was agreed to by the Porte and by the 
Greek Government, and the guarantee of 1832 was by 
treaty declared to depend upon its terms. 

Greece under the sovereignty of Prince Otho of Bavaria 
and under the guarantee of the three Courts, shall form 
a monarchical and independent State, according to the 
terms of the Protocol signed between the said courts, on 
the 3rd February 1830, and accepted both by Greece 
and by the Ottoman Porte. 

By these Acts, Great Britain, France, and Russia 
guaranteed the independence of Greece, but bound them- 
selves only to land troops to maintain that guarantee with 
the assent of the guaranteeing Powers. The guarantee 
could be put into effect only if Greece was ceasing to be 
monarchical and independent. In 1863, however, this new 
treaty of guarantee inserted a fresh condition : 

Greece under the sovereignty of Prince William of 
Denmark and the guarantee of the three Courts, forms 
a monarchical, independent, and constitutional State. 

The guarantee was thenceforth to become operative if 
Greece was in danger of losing her independence or her 
monarchical or constitutional government. The Allies 
could therefore claim in the autumn of 1915 that although 
Greece was remaining monarchical, its independence was 
in danger, owing to action of the Central Powers, and that 
it was ceasing to be constitutional, and was becoming 
absolutist. 1 For King Constantine dismissed M. Venizelos, 

1 Dr. Burrows (loc. cit.) points out that the British Foreign Office 
in the Parl. Paper recording ' Treaties containing guarantees or 
engagements by Great Britain in regard to the territory or govern- 
ment of other countries' (Cd. 9088, July 1898), quotes the Protocol 
of 1830, but omits the clause respecting armed intervention. He 
suggests that this omission may account for the fact that the British 
Government, after the landing at Salonika in October 1915, gave the 
' invitation ' of M. Venizelos as justification. This is unfortunate, 
as M. Venizelos did not intend to convey an invitation, while the 
treaty rights of the Allies amply justify the intervention. 



KING CONSTANTINE 115 

and had a new Cabinet formed. The Chamber was Veni- 
zelist, but the King dissolved it, and proceeded to have 
a General Election, while the army, which had been 
mobilized on September 23, was still under arms. The 
Venizelists consequently abstained from taking part, and 
the non-interventionists gained a majority in the Chamber. 
The appeal of Serbia was disregarded, on the ground that 
the defensive treaty had been made to safeguard her from 
Bulgaria only, not from a general combination such as the 
European war involved. The real reason probably lies in 
the speed with which Marshal von Mackensen was over- 
running Serbia. King Constantine's view of his responsi- 
bilities prevented him from going to the assistance of 
a defeated and practically powerless ally. The Diplomatika 
Engrapha (under date of May 9, 1916) shows that the 
Skouloudes Government were aware of the intention of the 
Germano-Bulgarians to seize Rupel. 

In the summer of 1916, under pressure from the Allies, 
King Constantine agreed that the Greek Army should be 
demobilized, and that a General Election should be held 
among the whole people, in order to ascertain the views 
of the country, according to the terms of the Constitution. 
Before the election took place, the occupation of the Greek 
towns of Kavalla and Fiorina by the Bulgarians had made 
it necessary for the Allies to formulate their demands 
more clearly to the Greek Government. Accordingly on 
September 2, 1916, they presented a Note, demanding 
that all German and Austrian political agents should be 
made to leave Greek territory, and that the wireless 
stations, posts, and telegraphs, through which the Central 
Powers had been receiving information, should be given 
over to the control of the Allies. In these demands the 
Greek Government acquiesced. The reply of the German 
authorities to this move was to deport a Greek Army 
Corps, which had remained at Kavalla (September 15). 
A fortnight earlier the Revolution had been started at 

I 2 



n6 THE INDEPENDENCE OF GREECE 

Salonika, and a Provisional Government of Venizelists 
established, in favour of the Allies. 

On June 12, 1917, King Constantine ' conforming to 
a demand presented by M. Jonnart, as representing the 
Protecting Powers of Greece ', abdicated the Greek throne 
in favour of his second son, Alexander. 1 The Provisional 
Government became merged in the National Government. 

CONVENTION BETWEEN GREAT BRITAIN, FRANCE, AND 
RUSSIA, ON THE ONE PART, AND BAVARIA ON THE 
OTHER, RELATIVE TO THE SOVEREIGNTY OF GREECE. 
SIGNED AT LONDON, 7TH MAY, 1832.2 

ARTICLE I. The Courts of Great Britain, France, and 
Russia, duly authorised for this purpose by the Greek 
nation, offer the hereditary Sovereignty of Greece to the 
Prince Frederick Otho of Bavaria, second son of His 
Majesty the King of Bavaria. 

ARTICLE II. His Majesty the King of Bavaria, acting 
in the name of his said son, a minor, accepts, on his behalf, 
the hereditary Sovereignty of Greece, on the conditions 
hereinafter settled. 

ARTICLE III. The Prince Otho of Bavaria shall bear the 
title of King of Greece. 

ARTICLE IV. Greece, under the Sovereignty of the Prince 
Otho of Bavaria, and under the Guarantee of the 3 Courts, 
shall form a monarchical and independent State, according 
to the terms of the Protocol signed between the said Courts 
on the 3rd February, 1830, and accepted both by Greece 
and by the Ottoman Porte. 

ARTICLE V. The limits of the Greek State shall be such 
as shall be definitively settled by the negotiations which 
the Courts of Great Britain, France, and Russia have 
recently opened with the Ottoman Porte, in execution of 
the Protocol of 26th of September, 1831. 

ARTICLE VI. The 3 Courts having beforehand deter- 
mined to convert the Protocol of the 3rd of February, 1830 
into a Definitive Treaty, as soon as the negotiations relative 
to the limits of Greece shall have terminated, and to com- 

1 The Times newspaper, June 14, 1917. 

State Papers, vol. xix, p. 33 ; Hertslet, vol. ii. No. 159. 



CONVENTION OF 1832 117 

municate such Treaty to all the States with which they 
have relations, it is hereby agreed that they shall fulfil 
this engagement, and that His Majesty the King of Greece 
shall become a Contracting Party to the Treaty in question. 

ARTICLE VII. The 3 Courts shall, from the present 
moment, use their influence to procure the recognition of 
the Prince Otho of Bavaria as King of Greece, by all the 
Sovereigns and States with whom they have relations. 

ARTICLE VIII. The Royal Crown and dignity shall be 
hereditary in Greece ; and shall pass to the direct and 
lawful descendants and heirs of the Prince Otho of Bavaria, 
in the order of primogeniture. In the event of the decease 
of the Prince Otho of Bavaria, without direct and lawful 
issue, the Crown of Greece shall pass to his younger brother, 
and to his direct and lawful descendants and heirs, in the 
order of primogeniture. In the event of the decease of the 
last-mentioned Prince also, without direct and lawful issue, 
the Crown of Greece shall pass to his younger brother, and 
to his direct and lawful descendants and heirs, in the 
order of primogeniture. 

In no case shall the Crown of Greece and the Crown of 
Bavaria be united upon the same head. 

ARTICLE IX. The majority of the Prince Otho of 
Bavaria, as King of Greece, is fixed at the period when he 
shall have completed his 2oth year, that is to say, on the 
ist of June, 1835. 

ARTICLE X. During the minority of the Prince Otho of 
Bavaria, King of Greece, his rights of Sovereignty shall be 
exercised in their full extent, by a Regency composed of 
3 Councillors, who shall be appointed by His Majesty the 
King of Bavaria. 

ARTICLE XL The Prince Otho of Bavaria shall retain 
the full possession of his appanages in Bavaria. His 
Majesty the King of Bavaria, moreover, engages to assist, 
as far as may be in his power, the Prince Otho in his 
position in Greece, until a revenue shall have been set 
apart for the Crown in that State. 

ARTICLE XII. In execution of the Stipulations of the 
Protocol of the 2oth of February, 1830, His Majesty the 
Emperor of All the Russias engages to guarantee, and 
their Majesties the King of the United Kingdom of Great 
Britain and Ireland, and the King of the French, engage 
to recommend, the former to his Parliament, and the 



n8 THE INDEPENDENCE OF GREECE 

latter to his Chambers, to enable their Majesties to guar- 
antee, on the following conditions, a Loan to be contracted 
by the Prince Otho of Bavaria, as King of Greece. 

1. The principal of the Loan to be contracted under the 
guarantee of the 3 Powers, shall not exceed a total amount 
of 60,000,000 of francs. 

2. The said Loan shall be raised by instalments of 
20,000,000 of francs each. 

3. For the present, the first instalment only shall be 
raised, and the 3 Courts shall each become responsible for 
the payment of one-third of the annual amount of the 
interest and sinking fund of the said instalment. 

4. The second and the third instalments of the said 
Loan may also be raised, according to the necessities of 
the Greek State, after previous agreement between the 
3 Courts and His Majesty the King of Greece. 

5. In the event of the second and third instalments of 
the above-mentioned Loan being raised in consequence of 
such an agreement, the 3 Courts shall each become respon- 
sible for the payment of one-third of the annual amount 
of the interest and sinking fund of these two instalments, 
as well as of the first. 

6. The Sovereign of Greece and the Greek State shall be 
bound to appropriate to the payment of the interest and 
sinking fund, of such instalments of the Loan as may have 
been raised under the guarantee of the 3 Courts, the first 
revenues of the State, in such manner that the actual 
receipts of the Greek Treasury shall be devoted, first of all, 
to the payment of the said interest and sinking fund, and 
shall not be employed for any other purpose until those 
payments on account of the instalments of the Loan raised 
under the guarantee of the 3 Courts shall have been com- 
pletely secured for the current year. 

The diplomatic Representatives of the 3 Courts in Greece 
shall be specially charged to watch over the fulfilment of 
the last-mentioned stipulation. 

ARTICLE XIII. In case a pecuniary compensation in 
favour of the Ottoman Porte should result from the 
negotiations which the 3 Courts have already opened at 
Constantinople for the definitive settlement of the limits 
of Greece, it is understood that the amount of such com- 
pensation shall be defrayed out of the proceeds of the Loan 
which forms the subject of the preceding Article. 



CONVENTION OF 1832 119 

ARTICLE XIV. His Majesty the King of Bavaria shall 
lend his assistance to the Prince Otho in raising in Bavaria 
a body of troops, not exceeding 3,500 men, to be employed 
in his service, as King of Greece, which corps shall be 
armed, equipped, and paid by the Greek State, and be 
sent thither as soon as possible, in order to relieve the 
troops of the Alliance hitherto stationed in Greece. The 
latter shall remain in that country entirely at the disposal 
of the Government of His Majesty the King of Greece, 
until the arrival of the body of troops above mentioned. 
Immediately upon their arrival the troops of the Alliance 
already referred to shall retire, and altogether evacuate 
the Greek territory. 

ARTICLE XV. His Majesty the King of Bavaria shall also 
assist the Prince Otho in obtaining the services of a certain 
number of Bavarian officers, who shall organize a national 
military force in Greece. 

ARTICLE XVI. As soon as possible after the signature 
of the present Convention, the 3 Councillors who are to be 
associated with His Royal Highness the Prince Otho by 
His Majesty the King of Bavaria, in order to compose the 
Regency of Greece, shall repair to Greece, shall enter upon 
the exercise of the functions of the said Regency, and shall 
prepare all the measures necessary for the reception of the 
Sovereign, who, on his part, will repair to Greece with as 
little delay as possible. 

ARTICLE XVII. The 3 Courts shall announce to the 
Greek nation, by a joint declaration, the choice which they 
have made of His Royal Highness Prince Otho of Bavaria, 
as King of Greece, and shall afford the Regency all the 
support in their power. 

ARTICLE XVIII. The present Convention shall be 
ratified, and the Ratifications shall be exchanged at 
London in 6 weeks, or sooner if possible. 

In witness whereof the respective Plenipotentiaries have 
signed the same, and have affixed thereto the Seal of their 
Arms. 

Done at London, the 7th May, in the year of Our Lord, 
1832. 

(L.S.) PALMERSTON. 
(L.S.) TALLEYRAND. 
(L.S.) LIEVEN. 
(L.S.) MATUSZEWIC. 

(L.S.) A. DE COTTO. 



120 THE INDEPENDENCE OF GREECE 

PROTOCOL OF CONFERENCE BETWEEN GREAT BRITAIN, 
FRANCE, AND RUSSIA, RELATIVE TO THE INDEPENDENCE 
OF GREECE. LONDON, 3RD OF FEBRUARY, 



PRESENT : The Plenipotentiaries of Great Britain, 
France, and Russia. 

. . . The members of the Conference, finding that the 
Ottoman declarations place them in a situation to concert 
the measures which may appear to them most desirable 
in the actual state of things ; and being desirous of intro- 
ducing into the former arrangements of the Alliance what- 
ever improvements might be best adapted to assure new 
pledges of stability to the work of peace on which it is 
employed, decided, by common agreement, upon the 
following Articles : 

i. Greece shall form an independent State, and shall 
enjoy all the rights, political, administrative, and commer- 
cial, attached to complete independence. 

2. In consideration of these advantages granted to 
the new State, and in deference to the desire expressed by 
the Porte to obtain the reduction of the frontiers fixed 
by the Protocol of the 22nd of March, the line of demarcation 
of the limits of Greece shall take its departure from the 
mouth of the River Aspropotamos, ascend that river as 
far as the latitude of Lake Angelo Castro, and traversing 
that lake, as well as those of Vrachori and Saurovitza, it 
shall strike the Mount Artolina, from whence it shall 
follow the ridge of Mount Oxas, the Valley of Calouri, and 
the ridge of Mount (Eta, as far as the Gulf of Zeitoun, 
which it shall reach at the mouth of the Sperchius. 

All the territories and countries situated to the south of 
this line, which the Conference has marked upon the map 
hereunto annexed Lit. F., shall belong to -Greece ; and 
all the countries and territories situated to the north of 
this line shall continue to form part of the Ottoman Empire. 

There shall likewise belong to Greece the whole of the 
Island of Negropont, with the Devil's Islands and the 
Island of Skyros, and the islands anciently known by the 
name of Cyclades, including the Island of Amorgo, situated 
between the 36th and 3Qth degrees of north latitude, 

1 State Papers, vol. xvii, p. 191. In French. English version as 
presented to Parliament in T. E. Holland, The European Concert in 
the Eastern Question (1885), pp. 28-32. 



PROTOCOL OF CONFERENCE OF 1830 121 

and the 26th degree of longitude east of the meridian of 
Greenwich. 

3. The Greek Government shall be monarchical, and 
hereditary according to the order of primogeniture. It 
shall be confided to a Prince, who shall not be capable of 
being chosen from among those of the families reigning 
in the States that signed the Treaty of the 6th July, 1827, 
and shall bear the title of Sovereign Prince of Greece. The 
choice of that Prince shall form the object of subsequent 
communications and stipulations. 

4. So soon as the Articles of the present Protocol shall 
have been conveyed to the knowledge of the parties inter- 
ested, peace shaU be considered as established ipso facto 
between the Ottoman Empire and Greece ; and the subjects 
of the two States shall be reciprocally treated, in regard 
to the rights of commerce and navigation, as those of other 
States at peace with the Ottoman Empire and Greece. 

5. Acts of full and entire amnesty shall be immedi- 
ately published by the Ottoman Porte and by the Greek 
Government. 

The Act of amnesty of the Porte shall proclaim, that no 
Greek in the whole extent of its dominions shall be liable 
to be deprived of his property, or in any way disturbed, in 
consequence of the part which he may have taken in the 
insurrection of Greece. 

The Act of amnesty of the Greek Government shall 
proclaim the same principle in favour of all the Mussulmans 
or Christians who may have taken part against its cause ; 
and it shall further be understood and promulgated, that 
the Mussulmans who may be desirous of continuing to 
inhabit the territories and islands allotted to Greece, shall 
preserve their properties therein, and invariably enjoy 
there, with their families, perfect security. 

6. The Ottoman Porte shall grant to those of its Greek 
subjects who may be desirous of quitting the Turkish 
territory, a delay of a year, in order to sell their properties 
and to depart freely from the country. 

The Greek Government shall allow the same power to 
the inhabitants of Greece who may wish to transport them- 
selves to the Turkish territory. 

7. All the military and naval forces of Greece shall 
evacuate the territories, fortresses, and islands which 
they occupy beyond the line assigned in the second section 



122 THE INDEPENDENCE OF GREECE 

for the limits of Greece, and shall withdraw behind that 
line with the least possible delay. 

All the Turkish military and naval forces which occupy 
territories, fortresses, or islands comprised within the limits 
above mentioned, shall evacuate those islands, fortresses, 
and territories ; and shall, in like manner, retire behind 
the same limits with the least possible delay. 

8. Each of the three Courts shall retain the power, 
secured to it by the 6th Article of the Treaty of the 6th of 
July, 1827, of guaranteeing the whole of the foregoing 
arrangements and Articles. The Act of guarantee, if there 
be any, shall be drawn up separately ; the operation and 
effects of these different Acts shall become, in conformity 
with the above-mentioned Article, the object of further 
stipulations on the part of the High Powers. No troops 
belonging to one of the Contracting Powers shall be allowed 
to enter the territory of the new Greek State, without 
the consent of the two other Courts who signed the 
Treaty. 

9. In order to avoid the collisions, which could not 
fail to result, under existing circumstances, from bringing 
Ottoman boundary Commissioners and Greek boundary 
Commissioners into contact, when the line of the frontiers 
of Greece comes to be laid down on the spot, it is agreed 
that that task shall be entrusted to British, French, and 
Russian Commissioners, and that each of the three Courts 
shall nominate one. These Commissioners, furnished with 
the instruction hereunto annexed, Lit. G., shall settle 
the line of the said frontiers, following, with all possible 
exactness, the line pointed out in the second section ; they 
shall mark out that line with stakes, and shall draw up two 
maps thereof, to be signed by them, of which one shall 
be given to the Ottoman Government, and the other to 
the Greek Government. They shall be bound to finish 
their labours in the space of six months. In case of differ- 
ence of opinion between the three Commissioners, the 
majority of voices shall decide. 

10. The arrangements of the present Protocol shall 
be immediately communicated to the Ottoman Government 
by the Plenipotentiaries of the three Courts, who shall be 
furnished for this purpose with the common instruction 
hereunto annexed, Lit. H. 

The Residents of the three Courts in Greece shall also 



PROTOCOL OF CONFERENCE OF 1830 123 

receive, on the same subject, the instruction hereunto 
annexed Lit. I. 

ii. The three Courts reserve to themselves to embody 
the present stipulations in a formal Treaty, which shall 
be signed at London, be considered as executive of that of 
the 6th of July, 1827, and be communicated to the other 
Courts of Europe, with the invitation to accede thereto, 
should they judge it expedient. 

CONCLUSION. 

Having thus arrived at the close of a long and difficult 
negotiation, the three Courts sincerely congratulate them- 
selves on having come to a perfect agreement, in the midst 
of the most serious and delicate circumstances. 

The maintenance of their union during such periods, 
offers the best pledge of its permanency ; and the three 
Courts flatter themselves that this union, as firm as it is 
beneficial, will not cease to contribute to the confirmation 
of the peace of the world. 

(Signed) ABERDEEN. 

MONTMORENCY-LAVAL. 
LIEVEN. 

TREATY BETWEEN GREAT BRITAIN, FRANCE, AND RUSSIA, 
ON THE ONE PART, AND DENMARK, ON THE OTHER PART, 
RELATIVE TO THE ACCESSION OF PRINCE WlLLIAM OF 
DENMARK TO THE THRONE OF GREECE. SIGNED AT 
LONDON, I3TH JULY, I863. 1 

ARTICLE I. His Majesty the King of Denmark, in accor- 
dance with the Prince Christian of Denmark, acting in the 
character of guardian of his second son the Prince Christian 
William Ferdinand Adolphus George, accepts for that 
Prince, a minor, the hereditary Sovereignty of Greece, 
which is offered to him by the Senate and the National 
Assembly of Greece in the name of the Hellenic Nation. 

ARTICLE II. The Prince William of Denmark shall bear 
the title of George I, King of the Greeks (Rot des Grecs). 2 

ARTICLE III. Greece, under the Sovereignty of Prince 

1 State Papers, vol. liii, p. 28. 

* The title of the Greek sovereign was subsequently changed to 
King of the Hellenes (Protocols of August 3 and October 13, 1863; 
see Hertslet, vol. ii, p. 1546, note). 



124 THE INDEPENDENCE OF GREECE 

William of Denmark, and the Guarantee of the 3 Courts, 
forms a Monarchical, Independent, and Constitutional 
State. 

ARTICLE IV. The Limits of the Greek Territory, deter- 
mined by the arrangement concluded at Constantinople 
between the 3 Courts and the Ottoman Porte, on the 
2ist July, 1832, shall receive an extension by the Union 
of the Ionian Islands with the Hellenic Kingdom, when 
such Union, proposed by the Government of Her Britannic 
Majesty, shall have been found to be in accordance with 
the wishes of the Ionian Parliament, and shall have 
obtained the assent of the Courts of Austria, France, 
Prussia, and Russia. 

ARTICLE V. The Ionian Islands, when their Union with 
the Kingdom of Greece shall have been effected, shall be 
comprised in the Guarantee stipulated by Article III of 
the present Treaty. 

ARTICLE VI. In no case shall the Crown of Greece and 
the Crown of Denmark be united on the same head. 

ARTICLE VII. In conformity with the principle of the 
Hellenic Constitution recognised by the Treaty signed at 
London, on the 20th November, 1852, and proclaimed by 
the Decree of the National Assembly of Greece, of the 
3oth March, 1863, the legitimate successors of King George I 
must profess the tenets of the Orthodox Church of the 
East. 

ARTICLE VIII. The Majority of Prince William of 
Denmark, fixed by the law of the Royal Family at 18 years 
complete, that is to say, on the 24th December, 1863, shall 
be considered as attained before that date, if a Decree 
of the National Assembly should recognise the necessity 
thereof. 

ARTICLE IX. At the moment when the Union of the 
Ionian Islands with the Hellenic Kingdom shall take 
place, according to the terms of Article IV of the present 
Treaty, Her Britannic Majesty will recommend to the 
Government of the United States of the Ionian Islands to 
appropriate annually a sum of 10,000 sterling to augment 
the Civil List of His Majesty George I, King of the Greeks 
(Rot des Grecs). 

ARTICLE X. Each of the 3 Courts will give up in favour 
of Prince William of Denmark 4,000 a year out of the 
sums which the Greek Treasury has engaged to pay annually 



TREATY OF 1863 125 

to each of them, in pursuance of the arrangement concluded 
at Athens by the Greek Government, with the concurrence 
of the Chambers, in the month of June, 1860. 

It is expressly understood that these three sums, forming 
a total of 12,000 sterling annually, shall be destined to 
constitute a personal Dotation of His Majesty the King, 
in addition to the Civil List fixed by the Law of the State. 

ARTICLE XI. The Accession of Prince William to the 
Hellenic Throne shall not involve any change in the 
Financial Engagements which Greece has contracted by 
Article XII of the Convention signed at London, on the 
7th May, 1832, towards the Powers Guarantors of the 
Loan. 

It is equally understood that the Powers will, in concert, 
watch over the execution of the engagement taken by the 
Hellenic Government in the month of June, 1860, upon 
the representation of the 3 Courts. 

ARTICLE XII. The 3 Courts shall, from this moment, 
use their influence in order to procure the recognition of 
Prince William of Denmark in the character of King of 
the Greeks (Roi des Grecs), by all the Sovereigns and 
States with whom they have relations. 

ARTICLE XIII. His Majesty the King of Denmark 
reserves to himself to take the measures which may be 
most proper for facilitating the arrival of King George I 
in his dominions as soon as possible. 

ARTICLE XIV. The 3 Courts will bring the present 
Treaty to the knowledge of the Greek Government, and 
will afford to that Government all the support in their 
power, while awaiting the speedy arrival of His Majesty 
the King. 

ARTICLE XV. The present Treaty shall be ratified, and 
the Ratifications shall be exchanged at London in 6 weeks, 
or sooner, if possible. 

In witness whereof the respective Plenipotentiaries have 
signed the same, and have affixed thereto the Seal of their 
Arms. 

Done at London, the I3th day of July, in the year of 
Our Lord, 1863. 

(L.S.) RUSSELL. (L.S.) BILLE. 

(L.S.) BON. GROS. 
(L.S.) BRUNNOW. 



CHAPTER IV 
THE KINGDOM OF BELGIUM 

The Burgundian Inheritance House of Burgundy Partition of 
the Inheritance The United Netherlands The Spanish 
(Austrian) Netherlands The Netherlands and the French 
Revolution First Peace of Paris Vienna Congress Act 
Kingdom of Holland and Belgium The July Revolution 
Belgian Revolution Leopold of Saxe-Coburg Protocol of 
twenty-four articles Treaty of 1831 Division of territory 
The Scheldt The Treaty of 1839 The Franco-Prussian War 
The Imperial Chancellor, August 1914 Attitude of Belgian 
Government towards the Guarantors Conversations of 1906 
The Invasion of August 2, 1914 German offers to Belgium 
Bona fides of Belgium. 

Texts i The Treaty of London (1839) The Conversations of 1906. 

THE Kingdom of Belgium is part of the famous Bur- 
gundian inheritance which has exercised such a fatal 
influence throughout the history of Modern Europe. Its 
origins go back to the ancient Kingdom of Lorraine, which 
was created by the Division of Verdun in 843, when the 
Empire of Western Europe, which the mighty Charlemagne 
had made, was split up into three parts. The central 
portion, -Lotharingia or Lorraine, was made into a ' middle 
kingdom ', stretching in one long strip from the south of 
Italy to the mouths of the Rhine, bound together by chains 
of mountains the Apennines, the Jura, and the Vosges. 

As the Middle Ages went on, the process of partition 
was carried further and further. The ancient Lotharingia 
became completely feudalized, and by the end of the 
fourteenth century the northern portion of it, the valley 
of the Meuse and lower Rhine, consisted of at least seventeen 
practically independent feudal states, fiefs of the Holy 



HOUSE OF BURGUNDY 127 

Roman Empire or of the Crown of France. Within the 
next half-century nearly all these fiefs, that is all the Low 
Countries or Netherlands, had by one means or another 
come under the dominion of the House of Burgundy. 

The House of Burgundy was a cadet branch of the 
French Royal House of Valois. The Duchy of Burgundy, 
one of the great fiefs of the Kingdom of France, was 
granted by John II of France in 1363 to his third son, 
Philip. Philip's line lasted till 1477, when it ended in the 
person of the Duchess Mary. In that interval, by marriage, 
by purchase, by force, the Dukes of Burgundy acquired one 
after another of the seventeen counties and lordships of the 
Netherlands. Throughout a great part of that time, the 
Burgundian power had been in close alliance with England : 
Duke Philip the Good had been an ally of Henry V in the 
Hundred Years' War ; Charles the Bold was an ally of 
Edward IV, and married Edward's sister Margaret. When 
Charles was killed before the town of Nancy in Lorraine 
in 1477, he left a daughter Mary (the issue of his first wife, 
Isabella of Bourbon) as the inheritor of all his dominions. 
But this fortuitous aggregation of disparate fiefs could not 
be held together by the hands of one weak woman. Europe 
has ever since been troubled by quarrels over this inheri- 
tance. ' Here,' said Louis XV of France, when visiting the 
tomb of the Duchess Mary at Bruges, ' here is the origin 
of all our wars.' 

On the death of Charles the Bold in 1477, Louis XI of 
France was able to make himself master of Ducal Bur- 
gundy, but the Duchess Mary transferred the rest of her 
dominions to the House of Habsburg, by marrying Maxi- 
milian of Austria. The Netherlands (comprehending all 
the modern Holland and Belgium) remained together 
under the Habsburgs for a hundred years. In 1556 the 
Emperor Charles V divided all his dominions between his 
brother Ferdinand and his son Philip, who respectively 
founded the Austrian and Spanish branches of the House 



128 THE NEUTRALITY OF BELGIUM 

of Habsburg. The Netherlands were included in the 
dominions of the Spanish branch under Philip. The policy 
of this monarch gave rise to the great revolt of the Nether- 
lands, so graphically described by the American historian 
Motley. But only the seven northern provinces of the 
Netherlands were successful in shaking off the rule of 
Spain. In 1579, by the Union of Utrecht, they founded 
the Republic of the United Netherlands, which is now the 
Kingdom of Holland. The ten southern provinces, which 
were roughly equivalent to the modern Belgium, remained 
under the Spanish House, and became known ultimately 
as the Spanish Netherlands. 

Throughout the seventeenth century the southern pro- 
vinces were under Spanish rule, but in 1713 (Peace of 
Utrecht), as the result of the War of the Spanish Succes- 
sion, they were transferred to the Austrian Habsburgs, 
and became known as the Austrian Netherlands. Under 
Austrian rule they made considerable progress in material 
prosperity, and undoubtedly benefited from the Habsburg- 
Bourbon alliance after 1756, which prevented them from 
being exposed to armies from France. The French Revolu- 
tion, however, shook old Europe to its foundations, and 
exposed the Austrian Netherlands to new vicissitudes. In 
1792 they were overrun by the armies of the French 
Republic. In 1797 they were annexed to France, and till 
1814 remained under that power. On the fall of Napoleon 
they were for a brief period restored to Austria, and finally, 
in 1815, by the Treaty of Vienna they were joined once 
more, after an interval of 235 years, to the northern 
Netherlands. 

The United Provinces (modern Holland), since their 
separation from the Southern Provinces (modern Belgium) 
in 1579, na -d remained free and independent till 1795. 
Their Constitution was that of a republican federation, 
with a quasi-monarchical element in the family of Orange- 
Nassau. The chief member for the time being of this 



HOUSE OF BURGUNDY 129 

interesting House during the 215 years of the republic's 
existence, was for such long periods in the position of 
stadtholder or governor of several or all of the Provinces, 
that the family had, in a strictly limited sense, however, 
something of the position of a reigning dynasty. In 1795 
the United Provinces were conquered by revolutionary 
France, and were reorganized on the French model as the 
Batavian Republic. In this, naturally, the House of 
Orange had no part. In 1806 Napoleon converted Holland 
(the name under which the old United Provinces were 
henceforth to be known) into a kingdom, dependent upon 
the French Empire, under his brother Louis. Louis's rule, 
though in the interests of his Dutch subjects, was not 
acceptable to his brother the Emperor. Therefore in 1810 
Holland was incorporated in the Napoleonic Empire, and 
made subject to the trade restrictions, the conscription, 
and the financial burdens incidental to the Napoleonic 
regime. When the Battle of Leipsic in 1813 brought 
victory to the Allies, and shook the Napoleonic Empire, 
the Dutch seized the opportunity to revolt, and set up 
their independent State again, this time as a monarchy, 
with the chief of the House of Orange as sovereign prince. 
The independent Netherlands, thus re-established, was 
recognized by Article VI of the First Peace of Paris, 
May 30, 1814 : ' Holland, placed under the Sovereignty 
of the House of Orange, shall receive an increase of terri- 
tory.' This increase of territory was defined in No. IV of 
the secret articles of the Peace of Paris as ' the Countries 
comprised between the Sea, the Frontiers of France, such 
as they are defined by the present Treaty, and the Meuse '. x 
This arrangement was put into effect by the General Act 
of the Congress of Vienna, June 9, 1815. By Article LXV 
' the late Belgic provinces ', which it must be remembered 
had never as a group had any national independence, were 
joined to ' the ancient United Provinces of the Nether- 
1 First Peace of Paris, May 30, 1814. Hertslet, vol. i, No. i. 

1903 



130 THE NEUTRALITY OF BELGIUM 

lands ', and the whole was erected into a kingdom under 
the Prince of Orange-Nassau, who took the title of King 
William I. 

The union of Holland and Belgium was the result of 
a statesmanlike attempt on the part of the Congress of 
Vienna to deal with a difficult problem. The Low Countries, 
situated between France and the Germanic States, and 
possessing harbours on the Channel and North Sea, had on 
many occasions been the battle-ground of the great States 
of Europe. The Belgic provinces, in particular, under 
whatever master they happened to be, had never been able 
to preserve their neutrality, but had been used by one 
belligerent State or another in their military designs. 
During the War of the Austrian Succession, Belgium was 
for two years (1747-8) conquered and actually governed 
by France. The same thing had happened again between 
1792 and 1814. The United Provinces had been more 
successful in protecting themselves, for their people were 
independent in spirit, and were wealthy and statesmanlike. 
The two groups, the United and Belgic Provinces, if joined 
firmly together, might have formed a very substantial 
State, able to defend itself, and to prevent its great neigh- 
bours from using it for their military designs. If Holland 
and Belgium with use and wont had gradually grown 
together into one State and people, the international 
condition of Europe in the nineteenth and early twentieth 
centuries would have been simplified. The Dutch and 
Belgians were both comfortable, peace-loving peoples, with 
a high standard of civilization. Being neither able nor 
disposed to carry on aggressive designs, all their interests 
were in peace, which they might have been strong enough 
to maintain for themselves. 

But the obscure forces which produce and develop that 
feeling which we call national were too strong. The Dutch 
felt themselves to be one nation, the Belgians another. 
History, language, religion, and, to a certain extent, race, 



BELGIUM 

English Miles 




K 2 



132 THE NEUTRALITY OF BELGIUM 

all accentuated the difference between them. Between 
1814 and 1830 these differences grew steadily more acute, 
and were increased by the fact that throughout that time 
men of Dutch birth played a far larger part in the manage- 
ment of the State than did Belgians. The majority of civil 
servants and military officers were Dutch. When in 1830 
a revolution took place in France, it acted as an inspira- 
tion to the Belgians, who forthwith proclaimed a provisional 
government for themselves. 

The Revolution of July 1830 in France was not 
a tremendous crisis like that of 1789, yet its effects were 
felt throughout Europe. The old Bourbon dynasty had 
been restored to France in 1814, but never became really 
popular again. Charles X, who succeeded Louis XVIII in 
1824, did nothing to improve the position. His adminis- 
tration was under clerical influence, and he had little sym- 
pathy with parliamentary government. In July 1830, 
under the advice of his chief minister the Due de Polignac, 
Charles X, by the famous ' Ordinances ', suspended practi- 
cally the whole Constitution which had been conferred by 
Louis XVIII's ' Charter '. The result was revolution in 
the middle classes of Paris, and by the end of the month 
Charles X was a fugitive in England. Prince Louis Philippe, 
chief of the Orleans branch of the Royal House, was elected 
king in his stead. 

The Revolution in France was followed next month by 
another in Belgium. The two revolutions were not uncon- 
nected. Belgium had been practically part of France from 
1795 to 1814. Its civilization was French, the French 
language was widely spread there. Between the two 
countries there was much community of interest, and the 
revolutionary party in France had sympathizers and active 
friends in Belgium. Everything therefore conduced to 
bring about a revolt when the news of the Revolution of 
July reached Brussels. 

The rising actually broke out in Brussels on August 25. 



THE BELGIAN REVOLUTION 133 

The other large towns joined the movement, and within 
about one month only Antwerp remained in Dutch hands. 
A national congress met at Brussels, and on November 10 
proclaimed the independence of Belgium under ' a con- 
stitutional and representative monarchy '. The Dutch 
reigning House of Orange-Nassau was declared to be 
perpetually excluded from the Belgian throne. In the 
meantime representatives of Great Britain, France, 
Austria, Prussia, and Russia had met in conference at 
London (November 4, 1830). Anxious to have the revolu- 
tionary movement settled, the Powers recognized the 
independence of Belgium under a Provisional Government 
(December). This was changed into a monarchy, when in 
April of next year (1831) the crown of Belgium was accepted 
by Prince Leopold of Saxe-Coburg. Prince Leopold, who 
appears in the well-known correspondence of Queen Victoria 
as her faithful friend and adviser, had been elected King 
of Greece in the previous year, but had renounced that 
precarious throne. Under him Belgium became the most 
successful of all the experiments in State-making which 
the Powers had undertaken. 

It was years, however, before Holland would recognize 
the secession and independence of Belgium. Only the 
entry of a French army into Belgium put a stop to the 
war between the two countries. At the same time the 
Powers, finding Holland still unwilling to agree, took the 
matter under their own control. The Conference at London^ 
on October 24, drew up the well-known Protocol of 24 
Articles, which was embodied on November 15 in the 
famous Treaty of 1831 between Great Britain, Austria, 
France, Prussia, Russia, and the Kingdom of Belgium. 

The division of territory between the two countries pre- 
sented a great difficulty. The Kingdom of Holland repre- 
sented the old seven United Provinces. The Kingdom of 
Belgium had grown out of the old ' Austrian Netherlands '. 
The district of Limburg historically belonged to both ; the 



134 THE NEUTRALITY OF BELGIUM 

northern portion, with Maestricht, had been Dutch in the 
eighteenth century ; the southern portion, with the city 
of Limburg itself, was in the Austrian Netherlands. Lux^m- 
burg, on the other hand, had been wholly within the 
Austrian Netherlands. In 1815, however, the Congress of 
Vienna had made it into a Grand Duchy under the King 
of the Netherlands. The Dutch, therefore, had an excellent 
claim to it. It had, however, thrown in its lot with the 
Belgian Revolution in 1830. The Treaty of 1831 effected 
a compromise : the western portion was given to Belgium ; 
the eastern portion, with the city of Luxemburg itself, 
remained a Grand Duchy under the King of the Nether- 
lands. Neither Holland nor Belgium was particularly 
pleased with this arrangement. Limburg was also divided 
between the two States ; Belgium got the old Dutch 
enclaves on the left bank of the Meuse, except Maestricht, 
which remained Dutch ; Holland retained all Limburg 
east of the Meuse, and also a part on the left bank, to the 
north of the old enclaves.* 

Later events have given prominence to the position of 
Holland and Belgium on the Scheldt. In effect no new 
situation was set up by the Treaty of 1831 nor by that 
of 1839, which merely repeated the same territorial pro- 
visions. The Peace of Westphalia in 1648, which concluded 
the Thirty Years' War of Germany and also the war 
between the Netherlands and Spain, recognized the hold 
of the Dutch over both sides of the estuary of the Scheldt. 
The treaty also declared the river to be closed ; thus no 
ships could pass through the estuary between the Dutch 
banks, to Antwerp. The position of the Dutch on the 
estuary was confirmed at the end of the War of the Spanish 
Succession, by a treaty made between Great Britain, the 
Estates General, and the Emperor, on November 15, 1715. 
In March 1815 a treaty of the Congress of Vienna declared 

1 The divisions of Luxemburg and Limburg are shown clearly in 
two maps in Hertslet, vol. ii, pp. 998-9. 



TREATY OF 1839 *35 

the Scheldt, along with the Rhine, Neckar, Main, Moselle, 
and Meuse, to be open to navigation, but the territorial 
position of the Dutch on the estuary remained unchanged. 
At the opening of the European War in August 1914 the 
Dutch Government declared the estuary of the Scheldt to 
be territorial waters of the Kingdom of the Netherlands, and 
consequently that they would not permit ' the passage 
across the territory situated within the territorial waters of 
the Netherlands by the warships or ships assimilated thereto 
of the belligerents '- 1 During the siege of Antwerp in 
October 1914 no attempt was made by the Allies to use 
the estuary of the Scheldt for warlike purposes, but the 
position of these waters in international law has never yet 
been precisely acknowledged or denned. 

The provisions of the Treaty of 1831 were incorporated 
in the Treaty of 1839, which has since then regulated the 
position of Belgium in international law. The treaty was 
made between Great Britain, Austria, France, Prussia, and 
Russia, on the one hand, and the Netherlands on the other. 
By Article II the treaty and its annex were placed ' under 
the guarantee ' of the five Powers. Holland was not one 
of the guarantors. By this Article, each Power undertook 
to guarantee the position of Belgium as defined by the 
whole treaty. This was not a mere collective undertaking, 
where the guaranteeing Powers bind themselves to act 
together as one body. It was an individual obligation 
imposed by each Power on itself. 2 The guarantee with 
respect to Luxemburg, made in 1867, was collective. 3 An 
individual guarantee is, if anything, more emphatic than 
a collective one, but the moral obligation imposed by one 
or the other is just the same. Belgium was thus put into 
what was considered, by the Powers, to be the very eligible 
position of a State, with its integrity and neutrality guaran- 

1 Belgian Grey Book, in Collected Diplomatic Documents, p. 327. 
1 See the remarks of Lord Clarendon, Hansard, June 20, 1867. 
Seep. 258. 



136 THE NEUTRALITY OF BELGIUM 

teed. 1 As a consequence of this, Belgium was declared 
' bound to observe such neutrality towards all other States '. 
This obligation Belgium honourably interpreted as involving 
not merely a passive attitude of strict neutrality, but also 
as carrying with it the heavy task of actually defending 
herself against an aggressor by force of arms. 

In 1870 it was feared that France or Prussia might be 
tempted to use Belgian territory for military operations. 
Accordingly, to safeguard the Treaty of 1839, Mr. Glad- 
stone's Government concluded a treaty with Prussia on 
August 9, 1870. In this the King of Prussia declared ' his 
fixed determination to respect the neutrality of Belgium ', 
and Great Britain bound herself to co-operate with Prussia, 
by land and sea, to defend Belgium, if French troops 
should enter that country. 2 On August n the British 
Government concluded a similar treaty with France to 
defend Belgium, in case Prussia should violate Belgium's 
neutrality. If both France and Prussia had violated this 
neutrality, Great Britain might have had to go to war 
with each of them. 

That the Kingdom of Belgium is a neutral State, guaran- 
teed in the full enjoyment of its neutrality, independence, 
and integrity by the Great Powers, has never been denied. 
The German Imperial Chancellor admitted this in his well- 
known speech to the Reichstag on August 4, 1914. 

Gentlemen, that is a breach of international law. It 
is true that the French Government declared at Brussels 
that France would respect Belgian neutrality as long as 
her adversary respected it. We knew, however, that 
France stood ready for an invasion. France could wait, 
we could not. A French attack on our flank on the 

1 The Belgians themselves did not wish to be neutralized. See 
The Invasion and the War in Belgium, by L. van der Essen (1917), 
p. ii, also The Letters of Queen Victoria (edition 1908), vol. iii, p. 172 : 

The King of the Belgians to Queen Victoria : 

' This neutrality was in the real interest of this country, but our 
good Congress here did not wish it, and even opposed it ; it was 
impose upon them ' (February 15, 1856). 

The treaty will be found in Mowat, Select Treaties, pp. 39-41. 



BELGIAN ATTITUDE 137 

lower Rhine might have been disastrous. Thus we were 
forced to ignore the rightful protests of the Governments 
of Luxemburg and Belgium. The wrong I speak 
openly the wrong we thereby commit we will try to 
make good as soon as our military aims have been 
attained. 

He who is menaced as we are and is fighting for his 
highest possession can only consider how he is to hack 
his way through (durchhauen). 1 

Yet while no one has denied that under the Treaty of 
1839 Belgium was a neutral and guaranteed State, doubt 
has been cast upon Belgium's own impartiality. It has 
been suggested that previously to 1914 she had formed 
a design to join with the Entente Powers against Germany, 
and that accordingly she had forfeited all right to be con- 
sidered by others as a neutral State. The Treaty of 1839 
contained the stipulation that Belgium should be bound 
to observe her own neutrality. 

The ground of accusation against Belgium does not lie 
in the fact that she called upon England and France to 
assist her. 

Sir, 

The Belgian Government regret to have to announce 
to your Excellency that this morning the armed forces 
of Germany entered Belgian territory in violation of 
treaty engagements. 

The Belgian Government are firmly determined to 
resist by all the means in their power. 

Belgium appeals to Great Britain, France, and Russia 
to co-operate as guaranteeing Powers in the defence of 
her territory. 

There should be concerted and joint action, to oppose 
the forcible measures taken by Germany against Belgium, 
and at the same time, to guarantee the future maintenance 
of the independence and integrity of Belgium. Belgium 
is happy to be able to declare that she will undertake 
the defence of her fortified places. 2 

1 German White Book in Collected Diplomatic Documents, p. 438. 
1 Belgian Minister for Foreign Affairs to British, French, and 



138 THE NEUTRALITY OF BELGIUM 

This appeal to the other guaranteeing Powers was 
a natural consequence of the obligation which the Powers 
had put upon Belgium, that she should observe her own 
neutrality. The guaranteeing Powers were bound to help 
her, once Germany had crossed her border. It would even 
have been quite correct for Belgium to invite the troops 
of a guaranteeing Power to enter the country, as a pre- 
cautionary measure, before the territory had been violated. 
More than this, it was suggested by the British Military 
Attache at Brussels in 1906 that a guaranteeing Power 
could, uninvited, send a force to Belgium in order to defend 
her neutrality against a State which was taking steps to 
violate it. The Belgian Government, however, refused to 
entertain this view. They maintained that the troops of 
a guaranteeing Power could only enter the country with 
the explicit consent of the Belgian Government. 

The charge that Belgium. had as early as 1906 departed 
from her neutrality, and taken up an attitude hostile to 
Germany, is based upon certain papers found in the 
archives of the Foreign Office at Brussels, after the occupa- 
tion of that city by the Germans on August 20, 1914. 
These papers contained a record of conversations between 
the chief of the Belgian General Staff and the British 
Military Attache at Brussels. The problem discussed was 
the manner in which Great Britain could best co-operate 
with the Belgian forces in the event of an attack upon 
Belgium by Germany. ' Should Belgium be attacked, it 
was proposed to send 100,000 men.' In another interview 
the two officers ' examined the question of combined 
operations, in the event of a German attack directed 
against Antwerp '. l 

The conversations, when first published in the Nord- 

Russian Ministers at Brussels, August 4, 1914 ; Belgian Grey Book, 
in Collected Diplomatic Documents, pp. 321-2. 

1 See Belgian Grey Book, in Collected Diplomatic Documents, 
pp. 354-60. Also Aktenstucke zum Kriegsausbruch. Herausgegeben 
vom Auswartigen Amte, pp. 58, 62. 



CONVERSATIONS OF 1906 139 

deutsche Allgemeine Zeitung on October 13, 1914, created 
considerable surprise, but as soon as the documents were 
seriously studied they were seen to constitute no departure 
from neutrality on the part of Belgium, and no intention 
to violate that neutrality on the side of England or France. 
The Treaty of 1839 had imposed upon Belgium the heavy 
burden of defending her territory against any State, how- 
ever powerful, which should try to get a passage for troops, 
or a base of operations in her territory. Such defence, on 
the part of Belgium, could be of no avail without co- 
operation with the Powers which had guaranteed to stand 
by her, under the Treaty of 1839. She was therefore not 
merely at liberty, but morally obliged to concert a plan 
for such combined operations in her own defence. There- 
fore, with regard to the conversations between the Chief 
of the Belgian General Staff and the British Military 
Attache, the only question which the Belgian Government 
can be called on to answer, is this : when they concerted 
a scheme for operations along with Great Britain against 
a possible attack by Germany, why did they not make 
a complementary agreement with Germany, for concerted 
operations against a possible attack by Great Britain or 
France ? 

Such a method would have been in line with the policy 
pursued by Lord Granville, the British Secretary of State 
in 1870, when he concluded the treaty to join France, if 
the Germans crossed the Belgian frontier, and to join 
Prussia against France, if the French invaded Belgium. 
That the Belgian Government did not have conversations 
'all round' in 1906, was because they had reason to believe 
that no danger threatened them from France or England, 
but that serious danger threatened them from Germany. 
The events which took place in the summer of 1914 indicate 
that conversations between the Belgian and German 
General Staffs would only have supplied Germany with 
military information which the Government of that country 



140 THE NEUTRALITY OF BELGIUM 

would not have scrupled to use, for reasons of State, when 
the time came. 

On August 2, 1914, before the fateful invasion of Belgian 
territory took place, the German minister at Brussels 
handed to the Ministry of Foreign Affairs proposals for the 
entrance of Imperial troops into the country. The German 
Government offered to ' bind themselves, at the conclusion 
of peace, to guarantee the possessions and independence 
of the Belgian Kingdom in full '. 1 After the taking of 
Liege, the German Government again made tempting pro- 
posals, 2 which would have saved Belgium from further 
horrors of a hostile occupation, and from the long drawn- 
out agony that was to follow. The reply of the Belgian 
Government was simple and direct (August 12, 1914) : 

The proposal made to us by the German Government 
repeats the proposal formulated in their ultimatum of 
August 2. Faithful to her international obligations, 
Belgium can only reiterate her reply to that ultimatum, 
the more so as since August 3 her neutrality has been 
violated, a distressing war has been waged on her 
territory, and the guarantors of her neutrality have 
responded loyally and without delay to her appeal. 3 

The honesty and fortitude of the Belgian Government 
and people show clear at the bar of history, and are an" 
inspiring example for all time. No words can convey this 
more truly than those in which the editor of the Collected 
Diplomatic Documents, issued by the British Foreign Office, 
concludes his preface : 

This, however, may be said. Charges against Great 
Britain are fair methods of warfare. They may call for 
denial, but not for protest. But charges against Belgium, 
made at such a moment and in such circumstances, can 
be justified by no standards of policy or morality. They 
fail before every test known to historical criticism, and 

1 Collected Diplomatic Documents, p. 310. 

8 Text and trans, in Collected Diplomatic Documents, pp. 335-6. 

Ibid., p. 340. 



TREATY OF 1839 141 

the circumstances in which they are made are them- 
selves a refutation. For the sufferings of Belgium to- 
day are largely due to her steady and honourable deter- 
mination to appeal for no assistance which by any 
stretch of malicious construction could be interpreted 
as an infringement of the law of her existence. 

TREATY BETWEEN GREAT BRITAIN, AUSTRIA, FRANCE, 
PRUSSIA, AND RUSSIA, ON THE ONE PART, AND THE 
NETHERLANDS, ON THE OTHER. SIGNED AT LONDON, 
IQTH APRIL, I839. 1 

ARTICLE I. His Majesty the King of the Netherlands, 
Grand Duke of Luxemburg, engages to cause to be immedi- 
ately converted into a Treaty with His Majesty the King 
of the Belgians, the Articles annexed to the present Act, 
and agreed upon by common consent, under the auspices 
of the Courts of Great Britain, Austria, France, Prussia, 
and Russia. 

ARTICLE II. Her Majesty the Queen of the United King- 
dom of Great Britain and Ireland, His Majesty the Emperor 
of Austria, King of Hungary and Bohemia, His Majesty 
the King of the French, His Majesty the King of Prussia, 
and His Majesty the Emperor of All the Russias, declare 
that the Articles mentioned in the preceding Article, are 
considered as having the same force and validity as if they 
were textually inserted in the present Act, and that they 
are thus placed under the guarantee of their said Majesties. 

ARTICLE III. The Union which has existed between 
Holland and Belgium, in virtue of the Treaty of Vienna 
of the 3ist of May, 1815, is acknowledged by His Majesty 
the King of the Netherlands, Grand Duke of Luxemburg, 
to be dissolved. 

ARTICLE IV. The present Treaty shall be ratified, and 
the Ratifications shall be exchanged at London at the 
expiration of 6 weeks, or sooner, if possible. The exchange 
of these Ratifications shall take place at the same time 
as that of the Ratifications of the Treaty between Holland 
and Belgium. 

1 State Papers, vol. xxvii, p. 990. Hertslet, vol. ii. No. 183. 
A treaty was signed on the same day between the Powers and 
Belgium, followed by the same annex. Article II declared that the 
Treaty of the isth Nov., 1831, should not be obligatory on the High 
Contracting Parties. 



142 THE NEUTRALITY OF BELGIUM 

In witness whereof, the respective Plenipotentiaries have 
signed the present Treaty, and have affixed thereto the 
Seal of their Arms. 

Done at London, the igth day of April, in the year of 
Our Lord, 1839. 

(L.S.) PALMERSTON. (L.S.) DEDEL. 

(L.S.) SENFF. 

(L.S.) H. SEBASTIANI. 

(L.S.) BULOW. 

(L.S.) POZZO DI BORGO. 

ANNEX TO THE TREATY SIGNED AT LONDON, ON THE 
IQTH OF APRIL, 1839, BETWEEN GREAT BRITAIN, 
AUSTRIA, FRANCE, PRUSSIA, AND RUSSIA, ON THE 
ONE PART, AND THE NETHERLANDS, ON THE OTHER 

PART. 

ARTICLE I. The Belgian Territory shall be composed of 
the Provinces of 

South Brabant ; 

Liege ; 

Namur ; 

Hainault ; 

West Flanders ; 

East Flanders ; 

Antwerp ; and 

Limburg ; 

such as they formed part of the United Kingdom of the 
Netherlands constituted in 1815, with the exception of 
those Districts of the Province of Limburg which are 
designated in Article IV. 

The Belgian Territory shall, moreover, comprise that 
part of the Grand Duchy of Luxemburg which is specified 
in Article II. 

ARTICLE II. In the Grand Duchy of Luxemburg, the 
limits of the Belgian Territory shall be such as will be 
hereinafter described, viz. : 

Commencing from the Frontier of France between 
Rodange, which shall remain to the Grand Duchy of 
Luxemburg, and Athus, which shall belong to Belgium, 
there shall be drawn, according to the annexed Map, 
a line which, leaving to Belgium the road from Arlon to 
Longwy, the Town of Arlon with its district, and the road 
from Arlon to Bastogne, shall pass between Messancy, which 



ANNEX TO TREATY OF 1839 T 43 

shall be on the Belgian Territory, and Clemancy, which 
shall remain to the Grand Duchy of Luxemburg, terminat- 
ing at Steinfort, which place shall also remain to the Grand 
Duchy. From Steinfort this line shall be continued in the 
direction of Eischen, Hecbus, Guirsch, Ober-Pallen, Grende, 
Nothomb, Parette, and Perle, as far as Martelange : Hec- 
bus, Guirsch, Grende, Nothomb, and Parette, shall 
(devant appartenir) belong to Belgium, and Eischen, Ober- 
Pallen, Perle, and Martelange, to the Grand Duchy. From 
Martelange the said line shall follow the course of the Sure, 
the waterway (Thalweg) of which River shall serve as the 
limit between the two States, as far as opposite to Tintange, 
from whence it shall be continued, as directly as possible, 
towards the present Frontier of the Arrondissement of 
Diekirch, and shall pass between Surret, Harlange, and 
Tarchamps, which places shall be left to the Grand Duchy 
of Luxemburg, and Honville, Livarchamps, and Loutre- 
mange, which places shall form part of the Belgian Territory. 
Then having, in the vicinity of Doncols and Soulez, which 
shall remain to the Grand Duchy, reached the present 
Boundary of the Arrondissement of Diekirch, the line in 
question shall follow the said Boundary to the Fron- 
tier of the Prussian Territory. All the Territories, Towns, 
Fortresses, and places situated to the west of this line, 
shall belong to Belgium ; and all the Territories, Towns, 
Fortresses, and places situated to the east of the said line, 
shall continue to belong to the Grand Duchy of Luxemburg. 

It is understood, that in marking out this line, and in 
conforming as closely as possible to the description of it 
given above, as well as to the delineation of it on the Map, 
which, for the sake of greater clearness, is annexed to the 
present Article, the Commissioners of Demarcation, men- 
tioned in Article V, shall pay due attention to the localities, 
as well as to the mutual necessity for accommodation 
which may result therefrom. 

ARTICLE III. In return for the cessions made in the 
preceding Article, there shall be assigned to His Majesty 
the King of the Netherlands, Grand Duke of Luxemburg, 
a Territorial Indemnity in the Province of Limburg. 

ARTICLE IV. In execution of that part of Article I 
which relates to the Province of Limburg, and in conse- 
quence of the cessions which His Majesty the King of the 
Netherlands, Grand Duke of Luxemburg, makes in Article II, 



144 THE NEUTRALITY OF BELGIUM 

His said Majesty shall possess, either to be held by him in 
his character of Grand Duke of Luxemburg, or for the 
purpose of being united to Holland, those Territories, the 
limits of which are hereinafter described. 

ist. On the right bank of the Meuse : to the old Dutch 
enclaves upon the said bank in the Province of Limburg, 
shall be united those districts of the said Province upon 
the same bank, which did not belong to the States General 
in 1790 ; in such wise that the whole of that part of the 
present Province of Limburg, situated upon the right bank 
of the Meuse, and comprised between that River on the 
west, the Frontier of the Prussian Territory on the east, 
the present Frontier of the province of Liege on the south, 
and Dutch Guelderland on the north, shall henceforth 
belong to His Majesty the King of the Netherlands, either 
to be held by him in his character of Grand Duke of Luxem- 
burg, or in order to be united to Holland. 

2nd. On the left bank of the Meuse : commencing from 
the southernmost point of the Dutch Province of North 
Brabant, there shall be drawn, according to the annexed 
Map, a line which shall terminate on the Meuse above 
Wessem, between that place and Stevenswaardt, at the 
point where the Frontiers of the present Arrondissements 
of Ruremonde and Maestricht meet, on the left bank of 
the Meuse ; in such manner that Bergerot, Stamproy, 
Neer-Itteren, Ittervoordt, and Thorn, with their districts, 
as well as all the other places situated to the north of this 
line, shall form part of the Dutch Territory. 

The old Dutch enclaves in the province of Limburg, upon 
the left bank of the Meuse, shall belong to Belgium, with 
the exception of the town of Maestricht, which, together 
with a radius of territory, extending 1,200 toises from the 
outer glacis of the fortress, on the said bank of this River, 
shall continue to be possessed, in full Sovereignty and 
Property, by His Majesty the King of the Netherlands. 

ARTICLE V. His Majesty the King of the Netherlands, 
Grand Duke of Luxemburg, shall come to an Agreement 
with the Germanic Confederation, and with the Agnates of 
the House of Nassau, as to the application of the stipula- 
tions contained in Articles III and IV, as well as upon all 
the arrangements which the said Articles may render 
necessary, either with the above-mentioned Agnates of 
the House of Nassau, or with the Germanic Confederation. 



ANNEX TO TREATY. OF 1839 X 45 

ARTICLE VI. In consideration of the territorial arrange- 
ments above stated, each of the two Parties renounces 
reciprocally and for ever, all pretension to the Territories, 
Towns, Fortresses, and Places situated within the limits 
of the possessions of the other Party, such as those limits 
are described in Articles I, II, and IV. 

The said limits shall be marked out in conformity with 
those Articles, by Belgian and Dutch Commissioners of 
Demarcation, who shall meet as soon as possible in the 
town of Maestricht. 

ARTICLE VII. Belgium, within the limits specified in 
Articles I, II, and IV, shall form an Independent and 
perpetually Neutral State. It shall be bound to observe 
such Neutrality towards all other States. 

ARTICLE VIII. The drainage of the waters of the Two 
Flanders shall be regulated between Holland and Belgium, 
according to the stipulations on this subject contained in 
Article VI of the Definitive Treaty concluded between 
His Majesty the Emperor of Germany and the States- 
General, on the 8th of November, 1785, and in conformity 
with the said Article, Commissioners, to be named on either 
side, shall make arrangements for the application of the 
provisions contained in it. 

ARTICLE IX. i. The provisions of Articles CVIII to 
CXVII, inclusive, of the General Act of the Congress of 
Vienna, relative to the Free Navigation of navigable 
Rivers, shall be applied to those navigable Rivers which 
separate the Belgian and the Dutch territories, or which 
traverse them both. 

2. So far as regards specially the Navigation of the 
Scheldt, and of its mouths, it is agreed, that the Pilotage 
and the Buoying of its channel, as well as the conservation 
of the channels of the Scheldt below Antwerp, shall be 
subject to a joint superintendence ; and that this joint 
superintendence shall be exercised by Commissioners to be 
appointed for this purpose by the two Parties. Moderate 
Pilotage Dues shall be fixed by mutual agreement, and 
those dues shall be the same for the vessels of all nations. 

In the meantime, and until these dues shall be fixed, no 
higher Pilotage Dues shall be levied than those which have 
been established by the Tariff of 1829, for the mouths of 
the Meuse from the High Sea to Helvoet, and from Helvoet 
to Rotterdam, in proportion to the distances. It shall be 

1933 



146 THE NEUTRALITY OF BELGIUM 

at the choice of every vessel proceeding from the High Sea 
to Belgium, or from Belgium to the High Sea, to take what 
pilot she pleases ; and upon the same principle it shall be 
free for the two countries to establish along the whole 
course of the Scheldt and at its mouths, such Pilotage 
establishments as shall be deemed necessary for furnishing 
Pilots. Everything relating to these establishments shall 
be determined by the regulation to be concluded in con- 
formity with 6 hereinafter following. These establish- 
ments shall be placed under the joint superintendence 
mentioned in the beginning of the present paragraph. 
The two Governments engage to preserve the navigable 
channels of the Scheldt, and of its mouths, and to place 
and maintain therein the necessary beacons and buoys, 
each for its own part of the River. 

3. There shall be levied by the Government of the 
Netherlands, upon the navigation of the Scheldt and of its 
mouths, a single duty of ifl. 5oc. per ton, that is to say, 
ifl. I2c. on vessels which, coming from the High Sea, 
shall ascend the Western Scheldt in order to proceed to 
Belgium by the Scheldt or by the Canal of Terneuze ; and 
of 380. per ton on vessels which, coming from Belgium 
by the Scheldt or by the Canal of Terneuze, shall descend 
the Western Scheldt in order to proceed to the High Sea. 
And in order that the said vessels may not be subject to 
any visit, nor to any delay or hindrance whatever within 
the Dutch waters, either in ascending the Scheldt from the 
High Sea, or in descending the Scheldt in order to reach 
the High Sea, it is agreed that the collection of the duty 
above mentioned shall take place by Dutch agents at 
Antwerp and at Terneuze. In the same manner, vessels 
arriving from the High Sea in order to proceed to Antwerp 
by the Western Scheldt, and coming from places suspected 
in regard to health, shall be at liberty to continue their 
course without hindrance or delay, accompanied by one 
health guard, and thus to proceed to the place of their 
destination. Vessels proceeding from Antwerp to Terneuze, 
and vice versa, or carrying on in the River itself Coasting 
Trade or Fishery (in such manner as the exercise of the 
latter shall be regulated in pursuance of 6 hereinafter) 
shall not be subjected to any duty. 

4. The branch of the Scheldt called the Eastern Scheldt 
not being in its present state available for the navigation 



ANNEX TO TREATY OF 1839 147 

from the High Sea to Antwerp and Terneuze, and vice 
versa, but being used for the navigation between Antwerp 
and the Rhine, this eastern branch shall not be burthened, 
in any part of its course, with higher duties or tolls than 
those which are levied, according to the Tariffs of Mayence 
of the 3ist March, 1831, upon the navigation from Gorcum 
to the High Sea, in proportion to the distances. 

5. It is also agreed that the navigation of the inter- 
mediate channels between the Scheldt and the Rhine, in 
order to proceed from Antwerp to the Rhine, and vice 
versa, shall continue reciprocally free, and that it shall be 
subject only to moderate tolls, which shall be the same 
for the commerce of the two countries. 

6. Commissioners on both sides shall meet at Antwerp 
in the space of one month, as well to determine the definitive 
and permanent amount of these tolls, as to agree upon 
a general regulation for the execution of the provisions of 
the present Article, and to include therein a provision for 
the exercise of the right of Fishing and of trading in fish, 
throughout the whole extent of the Scheldt, on a footing 
of perfect reciprocity and equality in favour of the subjects 
of the two countries. 

7. In the meantime, and until the said regulations shall 
be prepared, the navigation of the Meuse and of its branches 
shall remain free to the commerce of the two countries, 
which shall adopt provisionally, in this respect, the Tariffs 
of the Convention signed at Mayence on the 3ist March, 
1831, for the Free Navigation of the Rhine, as well as the 
other provisions of that Convention, so far as they may be 
applicable to the said River. 

8. If natural events or works of art should hereafter 
render impracticable the lines of navigation mentioned in 
the present Article, the Government of the Netherlands 
shall assign to Belgian navigation other lines equally safe, 
and equally good and commodious, instead of the said 
lines of navigation become impracticable. 

ARTICLE X. The use of the Canals which traverse both 
countries shall continue to be free and common to the 
inhabitants of both. It is understood that they shall 
enjoy the use of the same reciprocally, and on equal con- 
ditions ; and that on either side moderate duties only 
shall be levied upon the navigation of the said Canals. 

ARTICLE XL The commercial communications through 

L 2 



148 THE NEUTRALITY OF BELGIUM 

the town of Maestricht, and through Sittardt, shall remain 
entirely free, and shall not be impeded under any pretext 
whatsoever. 

The use of the roads which, passing through these towns, 
lead to the Frontiers of Germany, shall be subject only to 
the payment of moderate Turnpike Tolls, for the repair of 
the said roads, so that the transit commerce may not 
experience any obstacle thereby, and that by means of 
the Tolls above mentioned, these roads may be kept in 
good repair, and fit to afford facilities to that commerce. 

ARTICLE XII. In the event of a new Road having been 
constructed, or a new Canal cut, in Belgium, terminating 
at the Meuse, opposite the Dutch canton of Sittardt, in 
that case Belgium shall be entitled to demand of Holland, 
who, on the other hand, shall not in such case refuse her 
consent, that the said Road, or the said Canal, shall be 
continued, according to the same plan, and entirely at the 
cost and charge of Belgium, through the canton of Sittardt, 
to the frontiers of Germany. This Road or Canal, which 
shall be used only as a commercial communication, shall 
be constructed, at the option of Holland, either by engineers 
and workmen whom Belgium shall obtain permission to 
employ for that purpose in the canton of Sittardt, or by 
engineers and workmen to be furnished by Holland, and 
who shall execute the works agreed upon at the expense 
of Belgium ; the whole without any charge whatsoever to 
Holland, and without prejudice to her exclusive rights of 
Sovereignty over the Territory which may be traversed by 
the Road or Canal in question. 

The two Parties shall fix, by mutual agreement, the 
amount and the mode of collection of the Duties and Tolls 
which should be levied upon the said Road or Canal. 

ARTICLE XIII. I. From and after the ist of January, 
1839, Belgium, with reference to the division of the Public 
Debt of the Kingdom of the Netherlands, shall remain 
charged with the sum of 5,000,000 of Netherland florins of 
annual interest, the capital of which shall be transferred 
from the debit of the Great Book of Amsterdam, or from 
the debit of the General Treasury of the Kingdom of the 
Netherlands, to the debit of the Great Book of Belgium. 

2. The capitals transferred, and the annuities inscribed 
upon the debit of the Great Book of Belgium, in con- 
sequence of the preceding paragraph, to the amount of the 



ANNEX TO TREATY OF 1839 149 

total sum of 5,000,000 Netherland florins of annual interest, 
shall be considered as forming part of the Belgian National 
Debt ; and Belgium engages not to admit, either at present 
or in future, any distinction between this portion of her 
Public Debt arising. from her union with Holland, and any 
other Belgian National Debt already created, or which 
may be created hereafter. 

3. The payment of the above-mentioned sum of 
5,000,000 Netherland florins of annual interest, shall take 
place regularly every 6 months, either at Brussels or at 
Antwerp, in ready money, without deduction of any kind 
whatsoever, either at present or in future. 

4. In consideration of the creation of the said sum of 
5,000,000 florins of annual interest, Belgium shall be 
released from all obligation towards Holland, on account 
of the division of the Public Debt of the Kingdom of the 
Netherlands. 

5. Commissioners to be named on both sides shall meet 
within the space of 15 days in the town of Utrecht, in order 
to proceed to the transfer of the capitals and annual interest 
which, upon the division of the Public Debt of the Kingdom 
of the Netherlands, are to pass to the charge of Belgium, 
up to the amount of 5,000,000 florins of annual interest. 

They shall also proceed to deliver up the Archives, Maps, 
Plans, and other documents whatsoever which belong to 
Belgium, or which relate to her administration. 

ARTICLE XIV. The Port of Antwerp, in conformity with 
the stipulations of Article XV of the Treaty of Paris, of 
the 3oth of May, 1814, shall continue to be solely a Port 
of Commerce. 

ARTICLE XV. Works of Public or Private utility, such 
as canals, roads, or others of a similar nature, constructed 
wholly or in part at the expense of the Kingdom of the 
Netherlands, shall belong, together with the advantages 
and charges thereunto attached, to the Country in which 
they are situated. 

It is understood that the capitals borrowed for the 
construction of these works, and specifically charged 
thereupon, shall be comprised in the aforesaid charges, in 
so far as they may not yet have been repaid, and without 
giving rise to any claim on account of repayments already 
made. 

ARTICLE XVI. The Sequestrations which may have been 



150 THE NEUTRALITY OF BELGIUM 

imposed in Belgium, during the troubles, for political 
causes, on any Property or Hereditary Estates whatsoever, 
shall be taken off without delay, and the enjoyment of the 
Property and Estates above mentioned shall.be immediately 
restored to the lawful owners thereof. 

ARTICLE XVII. In the two countries of which the 
separation takes place in consequence of the present 
Articles, inhabitants and proprietors, if they wish to 
transfer their residence from one country to the other, 
shall, during two years, be at liberty to dispose of their 
property, movable or immovable, of whatever nature the 
same may be, to sell it, and to carry away the produce 
of the sale, either in money or in any other shape, without 
hindrance, and without the payment of any duties other 
than those which are now in force in the two countries 
upon changes and transfers. 

It is understood that the collection of the Droit d'Aubaine 
et de Detraction upon the persons and property of Dutch in 
Belgium, and of Belgians in Holland, is abandoned, both 
now and for the future. 

ARTICLE XVIII. The character of a subject of the two 
Governments, with regard to Property, shall be acknow- 
ledged and maintained. 

ARTICLE XIX. The stipulations of Articles from XI to 
XXI, inclusive, of the Treaty concluded between Austria 
and Russia, on the 3rd of May, 1815, which forms an 
integral part of the General Act of the Congress of Vienna, 
stipulations relative- to Persons who possess Property in 
both Countries, to the election of residence which they are 
required to make, to the rights which they shall exercise 
as subjects of either State, and to the relations of neigh- 
bourhood in Properties cut by the Frontiers, shall be 
applied to such Proprietors, as well as to such Properties, 
in Holland, in the Grand Duchy of Luxemburg, or in 
Belgium, as shall be found to come within the cases pro- 
vided for by the aforesaid stipulations of the Acts of the 
Congress of Vienna. It is understood that mineral pro- 
ductions are comprised among the productions of the soil 
mentioned in Article XX of the Treaty of the 3rd of May, 
1815, above referred to. The Droits d'Aubaine et de Detrac- 
tion being henceforth abolished, as between Holland, the 
Grand Duchy of Luxemburg, and Belgium, it is understood 
that such of the above-mentioned stipulations as may 



ANNEX TO TREATY OF 1839 151 

relate to those duties, shall be considered null and void 
in the 3 Countries. 

ARTICLE XX. No person in the territories which change 
domination shall be molested or disturbed in any manner 
whatever, on account of any part which he may have 
taken, directly or indirectly, in Political Events. 

ARTICLE XXI. The Pensions and Allowances of expec- 
tants, of persons unemployed or retired, shall in future be 
paid, on either side, to all those individuals entitled thereto, 
both civil and military, conformably to the laws in force 
previous to the ist November, 1830. 

It is agreed that the above-mentioned Pensions and 
Allowances to persons born in the Territories which now 
constitute Belgium, shall remain at the charge of the 
Belgian Treasury ; and the Pensions and Allowances of 
persons born in the Territories which now constitute the 
Kingdom of the Netherlands, shall be at the charge of the 
Netherland Treasury. 

ARTICLE XXII. All Claims of Belgian subjects upon any 
Private Establishments, such as the Widows' Fund, and 
the fund known under the denomination of the Fonds des 
Leges, and of the chest of civil and military retired allow- 
ances, shall be examined by the Mixed Commission men- 
tioned in Article XIII, and shall be determined according 
to the tenour of the regulations by which these funds or 
chests are governed. 

The Securities furnished, as well as the payments made, 
by Belgian accountants, the judicial deposits and con- 
signments, shall equally be restored to the parties entitled 
thereto, on the presentation of their proofs. 

If, under the head of what are called the French Liquida- 
tions, any Belgian subjects should still be able to bring 
forward Claims to be inscribed, such Claims shall also be 
examined and settled by the said Commission. 

ARTICLE XXIII. All Judgments given in Civil and 
Commercial matters, all acts of the civil power, and all 
acts executed before a notary or other public officer under 
the Belgian administration, in those parts of Limburg and 
of the Grand Duchy of Luxemburg, of which His Majesty 
the King of the Netherlands, Grand Duke of Luxemburg, 
is to be replaced in possession, shall be maintained in full 
force and validity. 

ARTICLE XXIV. Immediately after the exchange of 



152 THE NEUTRALITY OF BELGIUM 

the Ratifications of the Treaty to be concluded between 
the two Parties, the necessary orders shall be transmitted 
to the Commanders of the respective Troops, for the 
evacuation of the Territories, Towns, Fortresses, and 
Places which change domination. The Civil Authorities 
thereof shall also, at the same time, receive the necessary 
orders for delivering over the said Territories, Towns, 
Fortresses, and Places, to the Commissioners who shall be 
appointed by both Parties for this purpose. 

This evacuation and delivery shall be effected so as to 
be completed in the space of 15 days, or sooner if possible. 

REPORT OF CONVERSATIONS BETWEEN THE BELGIAN AND 
BRITISH MILITARY AUTHORITIES, igoG. 1 

Letter [from the Chief of the Belgian General Staff] to the 
[Belgian] Minister of War respecting the confidential 
Interviews. 

(Confidential.) 

Brussels, April 10, 1906. 

Sir, 

I have the honour to furnish herewith a summary of 
the conversations which I have had with Lieutenant- 
Colonel Barnardiston, which I have already reported to 
you verbally. 

His first visit was in the middle of January. Lieutenant- 
Colonel Barnardiston told me of the preoccupation of 
the British General Staff concerning the general political 
situation and the existing possibilities of war. Should 
Belgium be attacked, it was proposed to send about 100,000 
men. 

The lieutenant-colonel having asked me how we should 
interpret such a step, I answered that, from the military 
point of view, it could only be advantageous ; but that this 
question of intervention had also a political side, and that 
I must accordingly consult the Minister of War. 

Lieutenant-Colonel Barnardiston replied that his Minister 
at Brussels would speak about it to our Minister for Foreign 
Affairs. 

1 In French. (Norddeutsche Allgemeine Zeitung, October 13, 
1914 ; Aktenstucke zum Kriegsausbruch. Herausgegeben vom Aus- 
wartigen Amte, pp. 58-72 ; Collected Diplomatic Documents, pp. 
354 .) 



REPORT OF CONVERSATIONS 153 

He continued as follows : The disembarkation of the 
British troops would take place on the French coast, in 
the neighbourhood of Dunkirk and Calais, in such a manner 
that the operation might be carried out in the quickest 
possible way. 1 Landing at Antwerp would take much 
longer, as larger transports would be required, and, more- 
over, the risk would be greater. 

This being so, several other points remained to be decided, 
viz., transport by rail, the question of requisitions to which 
the British Army might have recourse, the question of 
the chief command of the allied forces. 

He enquired whether our arrangements were adequate 
to secure the defence of the country during the crossing 
and transport of the British troops a period which he 
estimated at about ten days. 

I answered that the fortresses of Namur and Liege were 
safe against a surprise attack, and that in four days our 
field army of 100,000 men would be ready to take the field. 
After having expressed his entire satisfaction at what I 
had said, my visitor emphasized the following points : 
(i) Our conversation was absolutely confidential ; (2) it 
was in no way binding on his Government ; (3) his Minister, 
the British General Staff, he, and myself were the only 
persons then aware of the matter ; (4) he did not know 
whether his Sovereign had been consulted. 

At a subsequent meeting Lieutenant-Colonel Barnardiston 
assured me that he had never received any confidential 
information from other military attaches about our army. 
He then gave me a detailed statement of the strength of 
the British forces : we might rely on it that, in twelve or 
thirteen days, two army corps, four cavalry brigades, and 
two brigades of mounted infantry would be landed. 

He asked me to study the question of the transport of 
these forces to that part of the country where they would 
be most useful, and with this object in view he promised 
me a detailed statement of the composition of the landing 
force. 

He reverted to the question of the effective strength of 

1 The following marginal note occurs in the facsimile : 
(Translation.) 

'The entry of the English into Belgium would only take place 
after the violation of our neutrality by Germany.' 



154 

our field army, and considered it important that no detach- 
ments from that army should be sent to Namur and Liege, 
as those fortresses were provided with adequate garrisons. 

He drew my attention to the necessity of letting the 
British Army take full advantage of the facilities afforded 
under our regulations respecting military requirements. 
Finally, he laid stress on the question of the chief command. 

I replied that I could say nothing on the latter point, 
and I promised that I would study the other questions 
with care. 

Later, the British military attache confirmed his previous 
estimate : twelve days at least were indispensable to carry 
out the landing on the coast of France. It would take 
much longer (from one to two and a half months) to land 
100,000 men at Antwerp. 

On my objecting that it would be useless to wait till the 
disembarkation was finished, before beginning the transport 
by rail, and that it would be better to send on the troops 
by degrees as they arrived on the coast, Lieutenant-Colonel 
Barnardiston promised me precise details of the daily 
disembarkation table. 

With regard to the question of military requirements, 
I informed my visitor that that question would easily be 
arranged. 

As the plans of the British General Staff advanced, the 
details of the problem were worked out with greater 
precision. The colonel assured me that half the British 
Army could be landed in eight days, and the remainder 
at the end of the twelfth or thirteenth day, except the 
mounted infantry, on which we could not count till later. 

Nevertheless/ 1 felt bound once more to urge the necessity 
of knowing the numbers to be landed daily, so as to work 
out the railway arrangements for each day. 

The British attache then spoke to me of various other 
questions, viz. : (i) The necessity of maintaining secrecy 
about the operations, and of ensuring that the Press should 
observe this carefully ; (2) the advantages there would be 
in attaching a Belgian officer to each British staff, an 
interpreter to each commanding officer, and gendarmes 
to each unit to help the British military police. 

At another interview Lieutenant-Colonel Barnardiston 
and I examined the question of combined operations in the 
event of a German attack directed against Antwerp, and on 



REPORT OF CONVERSATIONS 155 

the hypothesis of our country being crossed in order to 
reach the French Ardennes. 

Later on, the colonel signified his concurrence in the 
scheme I had laid before him, and assured me of the assent 
of General Grierson, Chief of the British General Staff. 

Other questions of secondary importance were likewise 
disposed of, particularly those respecting intermediary 
officers, interpreters, gendarmes, maps, illustrations of 
uniforms, English translations of extracts from certain 
Belgian regulations, the regulation of customs dues charge- 
able on the British supplies, hospital accommodation 
for the wounded of the allied army, &c. Nothing was 
settled as to the possible control of the Press by the 
Government or the military authorities. 

In the course of the last meetings which I had with the 
British attache he communicated to me the daily disem- 
barkation table of the troops to be landed at Boulogne, 
Calais and Cherbourg. The distance of the latter place, 
included owing to certain technical considerations, would 
cause a certain delay. The first corps would be landed on 
the tenth day, the second corps on the fifteenth day. Our 
railways would carry out the transport operations in such 
a way that the arrival of the first corps, either towards 
Brussels-Louvain or towards Namur-Dinant, would be 
completed on the eleventh day and that of the second corps 
on the sixteenth day. 

I finally urged once again, as forcibly as was within 
my power, the necessity of accelerating the transport by 
sea in order that the British troops might be with us 
between the eleventh and the twelfth day ; the very best 
and most favourable results would accrue from the concerted 
and simultaneous action by the allied forces. On the other 
hand, a serious check would ensue if such co-operation 
could not be achieved. Colonel Barnardiston assured me 
that everything would be done with that end in view. 

In the course of our conversations I took the opportunity 
of convincing the military attache of our resolve to impede 
the enemies' movements as far as lay within our power, 
and not to take refuge in Antwerp from the outset. Lieu- 
tenant-Colonel Barnardiston, on his side, informed me that 
he had at present little confidence in the support or inter- 
vention of Holland. He likewise confided to me that his 
Government intended to move the British base of supplies 



156 THE NEUTRALITY OF BELGIUM 

from the French coast to Antwerp as soon as the North 
Sea had been cleared of all German warships. 

At all our interviews the colonel regularly communicated 
to me any confidential information he possessed respecting 
the military condition and general situation of our eastern 
neighbour, &c. At the same time he laid stress on the 
imperative need for Belgium to keep herself well informed 
of what was going on in the neighbouring Rhine country. 
I had to admit to him that in our country the intelligence 
service beyond the frontier was not, in times of peace, 
directly under our General Staff. We had no military 
attaches at our legations. I took care, however, not to 
admit to him that I was unaware whether the secret service, 
prescribed in our regulations, was organized or not. But 
it is my duty here to call attention to this state of affairs, 
which places us in a position of glaring inferiority to that 
of our neighbours, our possible enemies. 

Major-General, 
Chief of General Staff. 
(Initialled.) 

Note. When I met General Grierson at Compiegne at 
the manoeuvres of 1906 he assured me that the reorganiza- 
tion of the British army would result not only in ensuring 
the landing of 150,000 men, but in enabling them to take 
the field in a shorter period than had been previously 
estimated. 

End of September 1906. 

(Initialled.) 

(Translation.) 
(Confidential.) 

The British military attache asked to see General 
Jungbluth. These gentlemen met on the 23rd April. 

Lieutenant-Colonel Bridges told the general that Great 
Britain had, available for dispatch to the Continent, an 
army composed of six divisions of infantry and eight brigades 
of cavalry, in all 160,000 men. She had also all that she 
needed for home defence. Everything was ready. 

The British Government, at the time of the recent 
events, would have immediately landed troops on our 
territory, even if we had not asked for help. 



REPORT OF CONVERSATIONS 157 

The general protested that our consent would be necessary 
for this. 

The military attach6 answered that he knew that, but 
that as we were not in a position to prevent the Germans 
passing through our territory, Great Britain would have 
landed her troops in any event. 

As to the place of landing, the military attache was not 
explicit. He said the coast was rather long ; but the general 
knows that Mr. Bridges made daily visits to Zeebrugge 
from Ostend during the Easter holidays. 

The general added that, after all, we were, besides, 
perfectly able to prevent the Germans from going through. 

April 24, 1912. 



CHAPTER V 

TURKEY AND THE POWERS OF EUROPE 

Turkey and the Public Law of Europe The Capitulations The 
Treaty of Kutschuk-Kainardji The Holy Places Russia 
and the Orthodox Church Invasion of the Principalities 
Attitude of Great Britain and France The tradition of friend- 
ship Nicholas I : Lord Stratford de Redcliffe The Vienna 
Note The War of 1853-6 Admission of Turkey to the Public 
Law of Europe Russian aspirations towards Constantinople 
Policy of Pitt Treaty of Tilsit Treaty of Bucharest (1812) 
Greek War of Independence Treaty of Adrianople Mehemet 
Ali Treaty of Unkiar Skelessi Lord Palmerston and the 
Quadruple Alliance Convention of the Straits Treaty of 
Paris Collective guarantee to Turkey Reforms promised 
Closing of Straits Neutralization of Black Sea Navigation of 
the Danube European Commission Rou mania The Bess- 
arabian Frontier Serbia The Aland Islands Declaration 
of Paris respecting Maritime Law. 

Texts : The Treaty of Paris (1856) The Straits Convention 
(1856) The Declaration of Paris (1856). 

UP till the year 1856 the Public Law of Europe had to 
a large extent consisted of the Acts of the Congress of 
Vienna (1814-15) and the treaties which were consequential 
to it. But in the Vienna Settlement Turkey had no part. 
It stood outside the Public Law of Europe, nor was it 
recognized in any Concert of European States, although it 
had treaties with individual Governments. The Treaty 
of Paris, March 30, 1856, admitted Turkey to the Public 
Law of Europe, recognized it as a European State, and 
guaranteed its position. This was the result of the war 
between Russia on the one part, and Turkey, Great Britain, 
France, and Sardinia, on the other, popularly known in this 
country as the Crimean War. 



THE CAPITULATIONS 159 

Most of the treaties concluded by Turkey with individual 
European States are called Capitulations, and referred 
chiefly to commercial privileges, and to extra-territorial 
rights granted to foreigners resident in Turkey. These 
Capitulations (which were denounced by the Turkish 
Government on September n, 1914) contained causes of 
grave trouble, as they created an imperium or rather a 
series of imperia in imperio, and gave foreign Govern- 
ments grounds for interfering in the internal affairs of the 
country. 

The Capitulations of 1740 with France and the Treaty 
of Kutschuk-Kainardji in 1775 with Russia are good 
instances of the way in which foreign Governments acquired, 
or seemed to have acquired, the right of interfering in the 
internal affairs of Turkey. The Capitulations of 1740 with 
France confirmed all the existing rights and privileges of 
the Latin Church in Palestine. France therefore appeared 
to be from that time the protector of the Latin Church in 
the Turkish dominions. In the same way, the Russian 
Government claimed to be the lawful protector of the 
Greek Church in Turkey. Article VII of the Treaty of 
Kutschuk-Kainardji (January 10, 1775) between Turkey 
and Russia is as follows : ' The Sublime Porte promises to 
protect firmly the Christian religion and its churches ; 
and also it permits the Ministers of the Imperial Court of 
Russia to make on all occasions representations in favour 
both of the new church at Constantinople, of which mention 
is made in Article XIV, and of those who carry on its 
service, promising to take them into consideration as made 
by a person of confidence of a neighbouring and sincerely 
friendly power.' 1 Thus France and Russia both claimed 
the right of protecting their co-religionists in Turkey. 

1 Treaty of Kutschuk-Kainardji, January 10, 1775, in G. F. von 
Martens, Recueil de Traitts (Gottingen, 1817), tome ii, pp. 287-322. 
Article XIV refers to the building in the quarter of Galata of ' a 
public church of the Greek rite, which will always be under the 
protection of the ministers of that Empire ' (i.e. of Russia). 



160 TURKEY AND THE POWERS, 1856 

Disputes over these points led to the outbreak of the 
Crimean War. 

The question of the Latin Church came forward in 1851, 
and caused acute feeling. The church at Bethlehem, built 
over the place where Christ was born, was in charge of monks 
of the Orthodox or Greek Church. The Latin monks of 
Bethlehem did not claim the church itself, but they claimed 
the right of having the key of the chief door, and also of 
placing a silver star with the arms of France within the 
sanctuary of the Nativity. By the end of the year 1852, 
Napoleon III, who had in the previous year succeeded in 
making himself Emperor of the French, gained from the 
Turkish Government recognition of the claims of the Latin 
monks. The dispute about the Holy Places was thus 
settled with a victory for France. 

The dispute about the Holy Places had no direct bearing 
on the Crimean War, because it was settled before the war 
was thought of. But the triumph of France in the dispute 
hurt the pride of the Tsar Nicholas I, and injured the 
religious feelings of the Russians, for whom pilgrimages to 
Palestine were a real thing. Nicholas therefore put forward 
the claims of Russia to protect all the subjects of the Porte 
who were members of the Orthodox, that is, the Greek 
Church. The Turkish Government denied that any such 
right was conferred by the Treaty of Kutschuk-Kainardji. 
The claim of the Russian Government was indeed rather 
a serious one. The Orthodox subjects of the Porte num- 
bered millions, and formed really a separate nation inside 
Turkey. To acknowledge the Russian Government as the 
protector of that nation would be tantamount to giving 
away a portion of Turkish sovereignty. The mission of 
Prince Menshikoff to Constantinople in 1853 had no effect 
upon the Turks, who were kept firm in their attitude by 
the great English ambassador, Lord Stratford de Redcliffe. 
A conflict of wills was thus set up between the Russian 
and Turkish Governments. As Nicholas could not by 



GREAT BRITAIN AND FRANCE 161 

diplomatic means impose his will on the Porte, he resolved 
to do so by war. On June 22, 1853, his army crossed the 
Pruth and proceeded to occupy the dependent Danubian 
principalities of Turkey, Moldavia and Wallachia. 

The war had thus begun over a dispute between Russia 
and Turkey concerning the question of a protectorate for 
the Greek Church. But the Governments of Great Britain 
and France felt that something more was involved, namely, 
the existence of Turkey in Europe. Great Britain and 
France therefore,, to prevent the destruction of European 
Turkey, directed their efforts first to stop the war and to 
settle the dispute by diplomacy ; failing in this, to save 
Turkey by taking part in the war. Great Britain and 
France by the Crimean War saved Turkey in Europe : it 
is just possible, however, that if they had persisted a little 
longer in their diplomatic efforts, as Lord Stratford wished 
them to do, they might have saved it without taking part 
in the war. 

That Great Britain should take an active interest in the 
question, diplomatically or otherwise, was unavoidable. 
We had at that time a traditional policy, deliberately 
founded upon reason and experience, of supporting Turkey, 
and of opposing Russian designs upon Constantinople. 
The forces of Islam are widespread, profound, and incalcul- 
able. It was considered safer for us to keep those forces 
in comparative quiet than to excite them indefinitely by 
hostility to the Turks. But we could not remain friendly 
with the Turks without supporting their position in Europe, 
to which both they and all the Mohammedan world attached 
the greatest value. The aims of the Russians were incom- 
patible with the existence of Turkey in Europe. The 
historic movements of that great people have been to- 
wards the seas, the Baltic, the Black Sea, the Mediter- 
ranean, the Pacific. Constantinople, the gate of the Black 
Sea and the Mediterranean, the capital of the ancient 
Byzantine Empire, the great city of the Orthodox 



1903 



M 



i62 TURKEY AND THE POWERS, 1856 

Church, was a natural and reasonable object of Russian 
aspirations. 

The Turks by themselves were not strong enough to 
maintain their hold upon Constantinople. ' The Sick Man ' 
was Nicholas I's term for Turkey ; the Ottoman Empire 
had in his time all the appearances of a State on the verge 
of disruption, and Nicholas was anxious that a reasonable 
scheme should be proposed by the Powers for meeting 
this result. ' I repeat to you ', he said to our ambassador 
Hamilton Seymour at Petrograd in February 1852, ' that 
the sick man is dying, and we can never allow such an 
event to take us by surprise. We must come to some 
understanding.' x Great Britain refused to come to any 
such understanding. Lord Stratford de Redcliffe firmly 
believed that Turkey had within it the possibilities of 
reform, of becoming a self-respecting and efficient State. 
France, too, supported Turkey, for she had great interests 
in the Mediterranean, and Napoleon III had a vigorous 
foreign policy. 

The Powers acting in concert tried to settle the dispute 
between Russia and Turkey by diplomatic means. Together 
the Governments of Great Britain, France, Austria, and 
Prussia, in August 1853 presented to Turkey the ' Vienna 
Note ', which they had drawn up. The Porte rejected the 
Note as it seemed, according to its wording, to imply the 
existence of a Russian protectorate over the Greek Church. 
Accordingly it was sent back to be re-drafted. But a com- 
bination of circumstances precipitated war, before a new 
Note could be drawn up. While, at Constantinople, Lord 
Stratford de Redcliffe was working for a peaceful issue, 
there was a war-fever among the Turks themselves. 
Napoleon III, acting on reports from the French Ambas- 
sador, began to fear that delay might cause the dissolution 
of the Turkish Empire. In England, Lord Aberdeen's 
Government came quickly to the same view. On Sep- 
1 Quoted by Kinglake, Invasion oj the Crimea, vol. i, p. 88. 



TREATY OF PARIS, 1856 163 

tember 23, 1853, the order was sent to the British Fleet 
to pass the Dardanelles. The passage was made on 
October 14, the Porte having ten days previously declared 
a formal state of war against Russia. 1 

The long and costly war in the end accomplished its 
objects for the Allies. The Russian invasion across the 
Danube was foiled by the heroic defence of Silistria, and 
Nicholas even had to evacuate the Principalities. The 
evacuation of the Principalities practically involved, for 
the time being at any rate, the abandonment of the Russian 
claim to a protectorate over the Greek Church in Turkey. 
Thus the dispute over which the war had begun was so far 
settled. But the Allied Powers resolved to go further, 
and, by destroying Russia's naval base on the Black Sea, to 
prevent at any rate for a considerable period the advance 
of Russian power to Constantinople. The siege and 
capture of Sebastopol accomplished this object, and left, 
for the time being, no further cause for war. When the 
invasion of the Crimea was thus crowned with success, 
a meeting of the Concert of Europe took place at Paris, 
and the Treaty of 1856 was concluded. 

The outstanding points in the Treaty of Paris, March 30, 
1856, are that it admitted Turkey to a place in the Public 
Law of Europe, and guaranteed its integrity. Turkey 
was therefore no longer outside the pale ; the tradition 
which had come down from the time of the Crusades, that 
the Turks were the enemies of Europe and of civilization, 
was abandoned. Turkey was henceforth to be a member 
of the European States-System, and to be treated as 
a civilized community. 

The Treaty of Paris was thus a definite denial to the 
aspirations of Russia. That mighty Empire, despite its 
vast territory, its natural resources, its industrious people, 

1 The Declaration of War by Turkey is a very interesting and 
clear account of the causes of the War. It is given in full in Hertslet, 
vol. ii, No. 234. 

M 2 



164 TURKEY AND THE POWERS, 1856 

has always suffered from being land-locked. Always trying, 
it has never completely succeeded in getting room and free- 
play upon the oceans of the world. Every inch of its 
seaboard has had to be wrested from an alien Power. 
Every crisis in modern European history has shown Russia 
faced with the prospect of blockade by its neighbours. 
Against such a contingency, the possession of Constanti- 
nople would have at least partially provided. The Turks, 
however, have been in possession since 1453. By admitting 
them to the privileges of the Public Law of Europe, the 
Treaty of Paris recognized them as a civilized and respect- 
able State, and if by her subsequent conduct in the 
community of European States, Turkey should justify her 
position there, neither Russia nor any other Power would 
have a moral right to expropriate her. 

This rise of Turkey to membership among the States of 
Europe was due in great part to the friendship which 
Great Britain had maintained with her since 1790. By 
that year the Russian trend towards Constantinople was 
becoming swift and unerring. The Empress Catherine' II 
was carrying out a successful war of annexation. In vain 
did Great Britain and Prussia, who with Holland had 
formed a famous Triple Alliance in 1788, threaten war 
and prepare their forces. The ultimatum which the allied 
Powers sent to Petrograd in 1791 was never presented, 
and next year Catherine concluded the Peace of Jassy, in 
the modern Rouma,nia (January 9, 1792), and the port of 
Oczakov passed under the dominion of Russia. Oczakov 
itself was of little value as a port, but two years later 
Odessa was founded near by, and rapidly became a great 
city, equally important for war and for commerce. Pitt's 
policy had failed for the moment, but it was not abandoned. 
Great Britain continued steadily to support the Turks, and 
their alliance helped to preserve the British Empire during 
the Napoleonic Wars. 

In 1807 (July 7) Napoleon and Alexander I made peace 



TREATY OF BUCHAREST, 1812 165 

at Tilsit in East Prussia, after the Russians had been 
soundly beaten at the battle of Friedland. The two Powers 
became Allies ; Secret Articles provided that Russia was 
to aid Napoleon in his conflict with England, France was 
to help Russia in her designs upon Turkey. A partition 
of the Ottoman Empire in Europe was contemplated. The 
English Foreign Minister Canning obtained almost immedi- 
ately information about the understanding which Napoleon 
and the Tsar had come to. From this time the policy of 
the British Government with regard to Russia, in every- 
thing which related to Turkey, became fixed. 

The expansion of Russia towards Constantinople was 
steadily pursued. In 1809-10 a fresh campaign was under- 
taken, and went favourably for Russia. But the rupture 
between Alexander and Napoleon made it necessary for 
the Tsar to free his hands with regard to Turkey. So on 
May 28, 1812, the Treaty of Bucharest * was signed. 
Russia gained lands east of the Pruth, and Serbian auto- 
nomy was recognized by Turkey. 

On the whole, the cataclysms of the Napoleonic period 
left the Turkish Empire comparatively unscathed. The 
Greek War of Independence (1821-9) was * leave a deeper 
mark. The mediation offered by Great Britain, France, 
and Russia was rejected by the Turks ; and after the 
battle of Navarino, Russia declared war. The campaigns of 
1828-9 closed with the Treaty of Adrianople (September 14, 
1829). Russia had occupied the Danubian principalities 
of Wallachia and Moldavia, but she now evacuated them, 
stipulating, however, for their continued autonomy under 
the Porte with renewed and increased privileges. The 
Pruth was restored as the boundary in Europe between the 
Russian and Ottoman Empires. Turkey agreed that there 
should be freedom of trade and navigation in the Black 
Sea, and declared the Bosphorus and Dardanelles open to 

1 Confirmed and explained by the Treaty of Akerman, Sep- 
tember 25, 1826 (Martens, vol. xvii, p. 1053). 



166 TURKEY AND THE POWERS, 1856 

alJ Russian merchant-vessels, and to the merchant-ships 
of all other Powers with whom the Porte was at peace. 

In 1829, at the Peace of Adrianople, Russia had behaved 
with great moderation towards Turkey. Nicholas I was 
at this period aiming not at annexation, but at influence. 
Turkish power was declining : the Powers of Europe would 
not tolerate her absorption by Russia, but if Russia peace- 
fully became the friend and protector of Turkey, they 
might not be able to gainsay such a position. In 1833 
Russia achieved this position, and without violence became 
for a short time supreme at Constantinople. 

The Pasha of Egypt, Mehemet Ali, the founder of the 
present dynasty there, was too great a subject for his 
master the Sultan. In 1832 there was open war between 
the two : the organized and disciplined army of Mehemet 
Ali, under his son Ibrahim, drove the Sultan's army out 
of Syria, invaded Asia Minor, and having destroyed the 
Turkish Army at Konieh (December 21), opened the road 
to the Bosphorus. At last the Turkish Empire seemed 
definitely faced with destruction, not from without but 
from within. At this point, Tsar Nicholas I offered his 
alliance and saved the Porte from Mehemet Ali. A Russian 
squadron was admitted to the Bosphorus, Russian soldiers 
were sent to join with the Turkish forces. A defensive 
alliance was concluded by the Treaty of Unkiar Skelessi, 
July 8, I833, 1 and Russia became the paramount power 
at Constantinople. 

Article I of this remarkable treaty enacted a defensive 
alliance between Russia and Turkey. Article III enacted 
that in order to maintain the independence of Turkey, the 
Tsar would furnish, when called upon, the forces necessary 
by land and sea to secure this object. A secret article in 
conclusion was the most momentous of all : it provided 
that, although the treaty was one for mutual defence, yet 
in order to spare Turkey the expense of providing troops 
1 Hcrtslct, vol. ii, No. 168. 



LORD PALMERSTON 167 

for Russia, the Tsar 'will not ask for that aid if circum- 
stances should place the Sublime Porte under the obligation 
of furnishing it '. Instead, ' the Sublime Ottoman Porte, 
in place of the aid which it is bound to furnish in case of 
need, according to the principle of reciprocity of the Patent 
Treaty, shall confine its action in favour of the Imperial 
Court of Russia to closing the Strait of the Dardanelles, 
that is to say, to not allowing any Foreign Vessels of War ' 
to enter therein under any pretext whatsoever '. This 
simply meant that if Russia was at war with any of the 
European Powers, the Dardanelles would be closed to all 
their war-ships, but that the Russian Fleet could pass 
freely to and from the Mediterranean. The straits into the 
Black Sea were to be just ' a Russian fortified post '> The 
Treaty was to be in the first instance for eight years only. 

The Powers of Europe were too vigilant to allow Russia 
thus to have all her own way with Turkey in Europe. 
Lord Palmerston, who for so long guided the foreign affairs 
of England, saw the trend of Russian policy distinctly. 
When the next crisis occurred in the Turkish Empire, he 
arranged a joint intervention of the Powers of Europe, 
and the Treaty of Unkiar Skelessi was never put in force. 

The crisis came in 1839, when Sultan Mahmud sent his 
army into Syria to regain it from the power of Mehemet 
Ali. At Nisib Mahmud's troops were scattered to the 
winds by Mehemet 's son Ibrahim. Now was the time 
when Russia might have stepped in to protect Turkey, 
whose independence was actually threatened by Mehemet 
Ali. Lord Palmerston, however, intimated that the 
affairs of Turkey were now the concern of Europe, not 
a private matter between the Porte and the Tsar. On 
July 15, i840 2 a quadruple alliance was entered into 

1 Fyffe, Modern Europe, p. 663 (ed. 1895). 

2 Convention between Great Britain, Austria, Prussia and Russia, 
and Turkey, for the Pacification of the Levant (London), July 15, 
1840; Hcrtslet, vol. ii, No. 190. 



i63 TURKEY AND THE POWERS, 1856 

between Great Britain, Russia, Prussia, and Austria. France 
sympathized too much with Mehemet Ali to act with the 
Concert at this moment, and a war between her and Prussia 
all but broke out then. 1 By the end of the year 1840, the 
power of Mehemet Ali had been destroyed in Syria, and 
the British Admiral, Sir Charles Napier, dictated terms to 
him at Alexandria. The terms were put into effect by 
the Sultan, who issued an Imperial Firman or decree on 
February 12, 1841, granting to Mehemet Ali the hereditary 
Pashalik of Egypt. 

Great Britain, Austria, Prussia, and Russia thus acting 
in concert had freed the Sultan from his difficulties. They 
therefore took the opportunity of settling the question of 
the Bosphorus and Dardanelles. France was glad to re- 
enter the concert. Russia made no attempt to renew the 
Treaty of Unkiar Skelessi ; she no longer expected by 
agreement with Turkey to control the Dardanelles as an 
advanced fortified post. Instead the ancient custom of 
the Ottoman Empire was revived by a Convention of the 
Five Powers and Turkey. The Bosphorus and Dardanelles 
were to be closed to foreign ships of war when the Porte 
was at peace : ' so long as the Porte is at peace, His High- 
ness will admit no Foreign Ship of War into the said 
Straits.' 2 When the Crimean War broke out, the Porte 
opened the Straits to the fleets of Great Britain and France. 
When the war was concluded, the Treaty of Paris re-enacted 
the rule by which the Straits were to be closed to foreign 
ships of war when the Porte was at peace. Other matters 
of the greatest importance for future history were dealt 
with by the same treaty. 

1 It was in this year, and in consequence of the threat of war, 
that ' Die Wacht am Rhein ' was written by Max Schneckenburger, 
a native of Thalheim, in Wurtemberg (1819-49). The music was 
composed in 1854. 

* Convention between Great Britain, Austria, France, Prussia, 
Russia, and Turkey respecting the Straits of the Dardanelles and 
the Bosphorus (London), July 13, 1841 ; Hertslet, vol. ii, No. 193. 



GUARANTEE TO TURKEY 169 

The preamble of the Treaty of Paris, which included 
Sardinia, represented by Cavour, as one of the powers of 
Europe, declared that the independence and integrity of 
the Ottoman Empire are necessary for the peace of Europe. 
This rule was converted into a collective 1 guarantee in 
Article VII, a most important article, which also declared 
Turkey to be admitted into the Public Law and System 
of Europe. It was understood, of course, that while thus 
recognized and guaranteed as a European State, Turkey 
must behave as such. Accordingly Article IX put on record 
the Sultan's ' generous intentions towards the Christian 
population of his Empire ', and referred to a Firman issued 
on February 18, 1856, in which the Sultan had promised 
a series of excellent reforms. These reforms included ' to 
each sect, whatever the number of its adherents, entire 
Freedom in the exercise of its Religion '. All Turkish 
subjects were made admissible, without distinction of 
nationality, to public employments. Taxes were to be 
equal for all communities, and the system of direct collec- 
tion was gradually to be substituted for the method of 
fanning the revenues. 2 All these reforms promised by the 
Sultan, according to Article IX of the Treaty of Paris, 
emanated ' spontaneously from his Sovereign will '. But 
although the Treaty put on record the Sultan's ' generous 
intentions towards the Christian population of his Empire ', 

1 For the difference between a collective and an individual guar- 
antee, see Mowat, Select Treaties, pp. xix xx and xxxvi. The 
following is the French text of Article VII of the treaty (State Papers, 
vol. xlvi, p. 12) : 

' VII. Sa Majeste la Reinedu Royau me Unide la Grande Bretagneet 
d'Irlande, Sa Majeste 1'Empereur d'Autriche, Sa Majeste 1'Empereur 
des Francais, Sa Majeste le Roi de Prusse, Sa Majeste 1'Empereur 
de toutes les Russies, et Sa Majeste le Roi de Sardaigne, declarent 
la Sublime Porte admise participer aux avantages du droit public 
et du concert Europeens. Leurs Majestes s'engagent, chacune de 
son cote, a respecter 1'independance et I'integrite territoriale de 
1' Empire Ottoman : garantissent en commun la stricte observation 
de cet engagement : et considereront, en consequence, tout acte de 
nature a y porter atteinte comme une question d'interSt general.' 

* Text in Hertslet, vol. ii, No. 263. 



i;o TURKEY AND THE POWERS, 1856 

it definitely excluded any of the signatory Powers from 
claiming any right, as Russia had done, to interfere in the 
relations between the Sultan and his subjects (Article IX). 1 

Article X enacted the principle, already laid down in the 
preamble, that the Dardanelles and Bosphorus should be 
kept closed to foreign ships of war when the Porte was at 
peace. This was not an unfair principle, for if it prevented 
Russia from sending her ships through the Dardanelles to 
the Mediterranean, it also prevented other Powers from 
having war-ships in the Black Sea. It has not proved 
injurious to Russia's interests, as her ships have been able 
to appear in the Mediterranean, having come from the 
Baltic. It was from the Baltic that Admiral Rojdes- 
vensky's fleet sailed in October 1904 to the Sea of Japan. 
The interdiction of war-ships in the Black Sea almost 
necessarily implied the prohibition of military and naval 
arsenals there, as was enacted in Article XIII. 2 The 
invasion of the Crimea by Great Britain and France in 
1854 had been directed to this end. While the Black Sea 
was being neutralized, the Treaty of Paris also secured that 
it should be open to the mercantile marine of every nation 
(Articles XI, XII). A Convention of the same date between 
Russia and Turkey (referred to in Article XIV) provided 
that it should be open to each of the two Powers to keep 
in the Black Sea ten light steamships for police purposes. 
This Convention was not to be annulled or modified with- 
out the consent of the seven Powers signing the Treaty of 
Paris (Article XIV). 

The Powers also took the opportunity offered by the 
Congress of Paris, of regulating by international agree- 
ment the navigation of the Danube. This great historic 

1 It was announced in the European press on January 3, 1917, 
that the Porte no longer considered itself bound by the Treaties of 
Paris and Berlin, 1856 and 1878, and that it claimed accordingly 
complete independence as a Power. 

2 The Black Sea ceased to be neutralized in 1 87 1 ; see below, 
pp. 3i2ff. See also p. ii. 



NAVIGATION OF THE DANUBE 171 

river was for centuries the highway of migratory nations, 
who have occupied different sections of its basin. The 
political difficulties in the way of its free navigation were 
numerous enough, but the physical difficulties were even 
greater. Yet as various States controlled parts of the 
river, only by international agreement could any plan of 
common improvement be provided. 

Article XV of the Treaty of Paris enacted the principle 
contained in the General Act of the Congress of Vienna 
(Articles CVIII-CXVII), respecting the navigation of rivers 
which separate or traverse different States. No toll was 
to be charged for right of way, nor any duty for goods on 
board the vessels. The principle of free navigation was to 
form part of the Public Law of Europe, and to be guaranteed 
by the signatory Powers. In order that the necessary 
improvements might be made to the mouths, a European 
Commission of representatives of the seven signing Powers 
was established by Article XVI. The Commission was to 
deal with the river below Isatcha, about sixty miles as the 
crow flies from the coast. To pay for the improvements, 
the Commission was given power to levy tolls for navigation 
over the course of the river under its control. 

In addition to the European Commission, for the improve- 
ment of the mouths of the Danube, there was to be a River 
Commission consisting of representatives only of those 
Powers by or between whose territories the Danube 
actually flowed. These Powers were Turkey, Austria- 
Hungary, Bavaria, and at the head of the Danube, Wur- . 
temberg. The three Danubian Principalities Wallachia, 
Moldavia, and Serbia were still subject to Turkey, but 
were to be represented separately on the River Com- 
mission. This Commission was to make all necessary 
improvements above Isatcha, and any political arrange- 
ments necessary for the free navigation of the river, and 
was to prepare regulations for properly policing it, and 
controlling the navigation. It was expected (Article XVIII) 



i;2 TURKEY AND THE POWERS, 1856 

that the improvements would be completed within two 
years. At the end of this time accordingly, the European 
Commission of the seven signatory Powers was to be dis- 
solved, and the River Commission was thenceforward to 
have control of the whole of the Danube, both below and 
above Isatcha. As a matter of fact the improvements 
occupied many more years, and the River Commission 
never came into existence. Instead, the European Com- 
mission has continued to the present time. Its head- 
quarters-are at Sulina. The Commission's powers have 
been gradually extended upwards from Isatcha to Braila, 
an additional thirty-seven miles, which is as far as large sea- 
going ships can proceed up the river. Beyond this point 
the States which possess the banks have made themselves 
responsible for effecting the necessary improvements. 

Articles XX to XXX refer to the three Principalities 
of Moldavia, Wallachia, and Serbia, of which the first 
two became the flourishing and progressive Kingdom of 
Roumania. The Principalities of Moldavia and Wallachia, 
although often treated in an arbitrary manner, had yet 
always enjoyed a considerable amount of autonomy under 
Turkish rule. Since early in the eighteenth century they 
had been governed by ' Phanariot ' Greek Hospodars. 1 
In 1775, by the Treaty of Kutschuk-Kainardji, Russia 
had put them under her protection. It was during 
the war Austria and Russia against Turkey which pre- 
ceded this treaty that the province known as Bukovina 
was taken from Moldavia by the Austrians. During the 
period following the Treaty of Kutschuk-Kainardji the 
Russian Government, which under Article XVI had the 
right to make representations to the Porte in the interests 
of the Principalities, did much to secure tolerable treat- 
ment for the Moldavians and Wallachians. During the 
Napoleonic period there was another Russo-Turkish War, 
concluded by the Treaty of Bucharest in 1812. In this 
1 See p. 102. 



THE BESSARABIAN FRONTIER 173 

war the Russian Army had occupied the two Principalities. 
They were now restored to Turkey, with the exception of 
that portion of Moldavia which lay between the Pruth 
and the Dniester. This portion, which is called Bessarabia, 
was annexed by Russia. By the Treaties of Akerman in 
1826 and of Adrianople in 1829 Russia induced Turkey to 
confirm and extend the privileges of the two Principalities. 
On the other hand Russia annexed the mouths of the 
Danube. When the war between Russia and Turkey 
broke out in 1853, Moldavia and Wallachia were occupied 
by the Tsar's troops, but when the Danubian campaign 
failed the Russians withdrew and the Principalities were 
occupied by the Austrians. 1 At this point we come to the 
Treaty of Paris of 1856, a great landmark in the history 
of the Principalities. 

In the first place, Articles XX and XXI of the Treaty of 
Paris pushed back the Russian frontier of Bessarabia, so 
that Moldavia once more possessed the mouths of the 
Danube and a considerable tract to the east of the River 
Pruth. Secondly, the privileges of the two Principalities 
were confirmed, and guaranteed by all the contracting 
States, so that Russia had no longer any special position 
as protecting Power (Article XXII). Articles XXIII to 
XXVIII referred to plans for securing and consolidating 
the administration of the two Principalities. An Inter- 
national Commission was to consider schemes of reform, 
and representative councils or divans were to be convoked 
in Moldavia and Wallachia, ' to express the wishes of the 
people in regard to the definitive organization of the 
Principalities '. The result of these conditions, which were 
carried into effect in 1857, was that the representative 
councils in September of that year voted that the two 
Principalities (still under the suzerainty of Turkey) should 
no longer be administered separately, but as one State, 

1 The occupation of the two Principalities by Austrian troops is 
referred to in Article XXXI of the Treaty of Paris, March 30, 1856. 



174 TURKEY AND THE POWERS, 1856 

under the common name of Roumania. At this point the 
history of the single State Roumania begins. 

The union of Moldavia and Wallachia was not accepted 
at once by the Powers and Turkey. The two Principalities 
were left with separate national assemblies. But each 
assembly (January 1859) unanimously elected the same 
man for Governor, Prince Alexander Couza, belonging to 
an ancient boiar or noble family of Moldavia. This union 
was still forbidden by the Powers and Turkey, but the 
national demand in Roumania was strong and persistent, 
and was finally recognized by the Powers and the Porte 
in 1861. 

Articles XXVIII and XXIX confirmed the privileges of 
Serbia. This country, the third of the Danubian Princi- 
palities, had gained its autonomy by revolts against the 
Porte between 1804 and 1817, during which the Serbs 
were naturally much helped by the Russo-Turkish War of 
1806-12. The Treaties of Bucharest (May 16, 1812), of 
Akerman (October 7, 1826), of Adrianople (September 14, 
1829), all between Russia and Turkey, secured to Serbia 
somewhat vaguely her privileges as a subject and 
tributary nation. These privileges, however, were defined 
by the Imperial decrees referred to in Article XXVIII 
of the Treaty of Paris, and gave Serbia a considerable 
degree of autonomy under the national Prince Milosh 
Obrenovitch. 

Article XXXIII is a very important one, prohibiting 
the fortifying of the Aland Islands by Russia, a provision 
strengthened by a separate Convention between Great 
Britain, France, and Russia of the same date. The Aland 
Islands lie at the entrance of the Gulf of Bothnia, and 
command the great Swedish port and capital city of 
Stockholm. They had been ceded with Finland to Russia 
at the Treaty of Friedrichshamm (September 5, 1809). 
The Swedes were naturally desirous that the islands which 
so menaced their trade and national defence should not 



MARITIME LAW 175 

be fortified, and the British Government was generally 
sympathetic with them. But it was not till the Crimean 
War, when an Anglo-French fleet entered the Baltic, that 
the Powers showed their determination to satisfy the 
wishes of the Swedes. Article XXXIII of the Treaty of 
Paris and the Aland Convention were the result. The 
Russian Government has always felt this restriction upon 
their right to fortify their own possessions as somewhat 
galling and humiliating, but the Convention has never 
been abrogated. 

Finally, it should be noticed that the Powers assembled 
in Congress at Paris, while making the general settlement 
required by the Crimean War, took the opportunity to 
make a Declaration respecting Maritime Law in time of 
war. This momentous Declaration, which has never been 
denounced, is a masterpiece of brevity and clearness, and 
its effect on International Law cannot be over-estimated. 

The Declaration of Paris respecting Maritime Law was 
acceded to by most of the Maritime Powers. 1 

It was not formally acceded to by the United States, 
because that Government wished to add to it a stipulation 
for the non-liability of private property to capture at sea. 
As this did not form a part of the Declaration as signed, 
the conditional acceptance of the Declaration could not 
be regarded as an absolute accession to that agreement. 

On the outbreak of war between the United States and 
Spain in 1898, however, the President of the United States 
issued a Proclamation, 2 in which he stated that it had 
already been announced that the policy of his Government 
would be not to resort to privateering, but to adhere to 
the rules of the Declaration of Paris ; and the Proclama- 
tion went on to declare that : 

i. The neutral flag covers enemies' goods, with the 
exception of contraband of war. 2. Neutral goods not 

1 List on p. 1284 of Hertslet's Map of Europe, vol. ii. 
e April 26, 1898; see State Papers, vol. xc, p. 380. 



176 TURKEY AND THE POWERS, 1856 

contraband of war are not liable to confiscation under the 
enemy's flag. 3. Blockades in order to be binding must 
be effective. Then follow other rules not comprised in 
the Declaration. 

In effect, therefore, the United States have acted on the 
principles of the Declaration, though not formally acceding 
to it. 



GENERAL TREATY OF PEACE BETWEEN GREAT BRITAIN, 
AUSTRIA, FRANCE, PRUSSIA, RUSSIA, SARDINIA, AND 
TURKEY. SIGNED AT PARIS, SOTH MARCH, I856. 1 

ARTICLE I. From the day of the exchange of the Ratifica- 
tions of the present Treaty there shall be Peace and Friend- 
ship between Her Majesty the Queen of the United Kingdom 
of Great Britain and Ireland, His Majesty the Emperor of 
the French, His Majesty the King of Sardinia, His Imperial 
Majesty the Sultan, on the one part, and His Majesty the 
Emperor of All the Russias, on the other part ; as well 
as between their heirs and successors, their respective 
dominions and subjects, in perpetuity. 

ARTICLE II. Peace being happily re-established between 
their said Majesties, the Territories conquered or occupied 
by their armies during the War shall be reciprocally 
evacuated. 

Special arrangements shall regulate the mode of the 
Evacuation, which shall be as prompt as possible. 

ARTICLE III. His Majesty the Emperor of All the 
Russias engages to restore to His Majesty the Sultan the 
Town and Citadel of Kars, as well as the other parts of 
the Ottoman Territory of which the Russian troops are in 
possession. 

ARTICLE IV. Their Majesties the Queen of the United 
Kingdom of Great Britain and Ireland, the Emperor of 
the French, the King of Sardinia, and the Sultan, engage 
to restore to His Majesty the Emperor of All the Russias, 
the Towns and Ports of Sebastopol, Balaklava, Kamiesch, 
Eupatoria, Kertcb, Jenikale, Kinburn, as well as all other 
Territories occupied by the Allied Troops. 

ARTICLE V. Their Majesties the Queen of the United 

1 State Papers, vol. xlvi, p. 18 ; Hertslet, vol. ii, No. 264. 



TREATY OF 1856 177 

Kingdom of Great Britain and Ireland, the Emperor of 
the French, the Emperor of All the Russias, the King of 
Sardinia, and the Sultan, grant a full and entire Amnesty 
to those of their subjects who may have been compromised 
by any participation whatsoever in the events of the War 
in favour of the cause of the enemy. 

It is expressly understood that such Amnesty shall 
extend to the subjects of each of the Belligerent Parties 
who may have continued, during the War, to be employed 
in the service of one of the other Belligerents. 

ARTICLE VI. Prisoners of War shall be immediately 
given up on either side. 

ARTICLE VII. Her Majesty the Queen of the United 
Kingdom of Great Britain and Ireland, His Majesty the 
Emperor of Austria, His Majesty the Emperor of the 
French, His Majesty the King of Prussia, His Majesty the 
Emperor of All the Russias, and His Majesty the King 
of Sardinia, declare the Sublime Porte admitted to par- 
ticipate in the advantages of the Public Law and System 
(Concert) of Europe. Their Majesties engage, each on his 
part, to respect the Independence and the Territorial 
Integrity of the Ottoman Empire ; Guarantee in common 
the strict observance of that engagement ; and will, in 
consequence, consider any act tending to its violation as 
a question of general interest. 

ARTICLE VIII. If there should arise between the Sub- 
lime Porte and one or more of the other Signing Powers, 
any misunderstanding which might endanger the main- 
tenance of their relations, the Sublime Porte, and each of 
such Powers, before having recourse to the use of force, 
shall afford the other Contracting Parties the opportunity 
of preventing such an extremity by means of their Media- 
tion. 

ARTICLE IX. His Imperial Majesty the Sultan having, 
in his constant solicitude for the welfare of his subjects, 
issued a Firman, which, while ameliorating then* condition 
without distinction of Religion or of Race, records his 
generous intentions towards the Christian population of 
his Empire, and wishing to give a further proof of his 
sentiments in that respect, has resolved to communicate 
to the Contracting Parties the said Firman, emanating 
spontaneously from his Sovereign will. 

The Contracting Powers recognise the high value of this 

1903 



178 TURKEY AND THE POWERS, 1856 

communication. It is clearly understood that it cannot, 
in any case, give to the said Powers the right to interfere, 
either collectively or separately, in the relations of His 
Majesty the Sultan with his subjects, nor in the Internal 
Administration of his Empire. 

ARTICLE X. The Convention of i3th of July, 1841, 
which maintains the ancient rule of the Ottoman Empire 
relative to the Closing of the Straits of the Bosphorus and 
of Dardanelles, has been revised by common consent. 

The Act concluded for that purpose, and in conformity 
with that principle, between the High Contracting Parties, 
is and remains annexed to the present Treaty, and shall 
have the same force and validity as if it formed an integral 
part thereof. 

ARTICLE XI. The Black Sea is Neutralised ; its Waters 
and its Ports, thrown open to the Mercantile Marine of 
every Nation, are formally and in perpetuity interdicted 
to the Flag of War, either of the Powers possessing its 
Coasts, or of any other Power, with the exceptions men- 
tioned in Articles XIV and XIX of the present Treaty. 

ARTICLE XII. Free from any impediment, the Commerce 
in the Ports and Waters of the Black Sea shall be subject 
only to Regulations of Health, Customs, and Police, framed 
in a spirit favourable to the development of Commercial 
transactions. 

In order to afford to the Commercial and Maritime 
interests of every Nation the security which is desired, 
Russia and the Sublime Porte will admit Consuls into 
their Ports situated upon the Coast of the Black Sea, in 
conformity with the principles of International Law. 

ARTICLE XIII. The Black Sea being Neutralised accord- 
ing to the terms of Article XI, the maintenance or estab- 
lishment upon its Coast of Military-Maritime Arsenals 
becomes alike unnecessary and purposeless ; in con- 
sequence, His Majesty the Emperor of All the Russias, 
and His Imperial Majesty the Sultan, engage not to 
establish or to maintain upon that Coast any Military- 
Maritime Arsenal. 

ARTICLE XIV. Their Majesties the Emperor of All the 
Russias and the Sultan having concluded a Convention 
for the purpose of settling the Force and the Number of 
Light Vessels, necessary for the service of their Coasts, 
which they reserve to themselves to maintain in the Black 



TREATY OF 1856 179 

Sea, that Convention is annexed to the present Treaty, 
and shall have the same force and validity as if it formed 
an integral part thereof. It cannot be either annulled or 
modified without the assent of the Powers signing the 
present Treaty. 

ARTICLE XV. The Act of the Congress of Vienna, 
having established the principles intended to regulate the 
Navigation of Rivers which separate or traverse different 
States, the Contracting Powers stipulate among them- 
selves that those principles shall in future be equally 
applied to the Danube and its Mouths. They declare that 
its arrangement henceforth forms a part of the Public Law 
of Europe, and take it under their Guarantee. 

The Navigation of the Danube cannot be subjected to 
any impediment or charge not expressly provided for by 
the Stipulations contained in the following Articles: in 
consequence, there shall not be levied any Toll founded 
solely upon the fact of the Navigation of the River, nor 
any Duty upon the Goods which may be on board of 
Vessels. The Regulations of Police and of Quarantine to 
be established for the safety of the States separated or 
traversed by that River, shall be so framed as to facilitate, 
as much as possible, the passage of Vessels. With the 
exception of such Regulations, no obstacle whatever shall 
be opposed to Free Navigation. 

ARTICLE XVI. With a view to carry out the arrange- 
ments of the preceding Article, a Commission, in which 
Great Britain, Austria, France, Prussia, Russia, Sardinia, 
and Turkey, shall each be represented by one delegate, 
shall be charged to designate and to cause to be executed 
the Works necessary below Isatcha, to clear the Mouths 
of the Danube, as well as the neighbouring parts of the 
Sea, from the sands and other impediments which obstruct 
them, in order to put that part of the River and the said 
parts of the Sea in the best possible state for Navigation. 

In order to cover the Expenses of such Works, as well 
as of the establishments intended to secure and to facilitate 
the Navigation at the Mouths of the Danube, fixed Duties, 
of a suitable rate, settled by the Commission by a majority 
of votes, may be levied, on the express condition that, in 
this respect as in every other, the Flags of all Nations shall 
be treated on the footing of perfect equality. 

ARTICLE XVII. A Commission shall be established, and 
N 2 



180 TURKEY AND THE POWERS, 1856 

shall be composed of delegates of Austria, Bavaria, the 
Sublime Porte, and Wurtemberg (one for each of those 
Powers), to whom shall be added Commissioners from the 
Three Danubian Principalities, whose nomination shall 
have been approved by the Porte. This Commission, 
which shall be permanent : i. Shall prepare Regulations 
of Navigation and River Police ; 2. Shall remove the 
impediments, of whatever nature they may be, which still 
prevent the application to the Danube of the Arrangements 
of the Treaty of Vienna ; 3. Shall order and cause to be 
executed the necessary Works throughout the whole course 
of the River ; and 4. Shall, after the dissolution of the 
European Commission, see to maintaining the Mouths of 
the Danube and the neighbouring parts of the Sea in 
a navigable state. 

ARTICLE XVIII. It is understood that the European 
Commission shall have completed its task, and that the 
River Commission shall have finished the Works described 
in the preceding Article, under Nos. i and 2, within the 
period of two years. The signing Powers assembled in 
Conference having been informed of that fact, shall, after 
having placed it on record, pronounce the Dissolution of 
the European Commission, and from that time the per- 
manent River Commission shall enjoy the same powers as 
those with which the European Commission shall have 
until then been invested. 

ARTICLE XIX. In order to insure the execution of the 
Regulations which shall have been established by common 
agreement, in conformity with the principles above declared, 
each of the Contracting Powers shall have the right to 
station, at all times, Two Light Vessels at the Mouths of 
the Danube. 

ARTICLE XX. In exchange for the Towns, Ports, and 
Territories enumerated in Article IV of the present Treaty, 
and in order more fully to secure the Freedom of the 
Navigation of the Danube, His Majesty the Emperor of 
All the Russias consents to the rectification of his Frontier 
in Bessarabia. 

The new Frontier shall begin from the Black Sea, one 
kilometre to the east of the Lake Bourna Sola, shall run 
perpendicularly to the Akerman Road, shall follow that 
road to the Val de Trajan, pass to the south of Bolgrad, 
ascend the course of the River Yalpuck to the Height of 



TREATY OF 1856 181 

Saratsika, and terminate at Katamori on the Pruth. 
Above that point the old Frontier between the Two Empires 
shall not undergo any modification. 

Delegates of the Contracting Powers shall fix, in its 
details, the Line of the new Frontier. 

ARTICLE XXI. The Territory ceded by Russia shall be 
Annexed to the Principality of Moldavia, under the 
Suzerainty of the Sublime Porte. 

The Inhabitants of that Territory shall enjoy the Rights 
and Privileges secured to the Principalities ; and during 
the space of 3 years, they shall be permitted to trans- 
fer their domicile elsewhere, disposing freely of their 
Property. 

ARTICLE XXII. The Principalities of Wallachia and 
Moldavia shall continue to enjoy under the Suzerainty of 
the Porte, and under the Guarantee of the Contracting 
Powers, the Privileges and Immunities of which they are 
in possession. No exclusive Protection shall be exercised 
over them by any of the guaranteeing Powers. 

There shall be no separate right of interference in their 
Internal Affairs. 

ARTICLE XXIII. The Sublime Porte engages to preserve 
to the said Principalities an Independent and National 
Administration, as well as full liberty of Worship, of 
Legislation, of Commerce, and of Navigation. 

The Laws and Statutes at present in force shall be 
revised. In order to establish a complete agreement in 
regard to such revision, a Special Commission, as to the 
composition of which the High Contracting Powers will 
come to an understanding among themselves, shall assemble -, 
without delay, at Bucharest, together with a Commissioner 
of the Sublime Porte. 

The business of this Commission shall be to investigate 
the present state of the Principalities, and to propose bases 
for their future organization. 

ARTICLE XXIV. His Majesty the Sultan promises to 
convoke immediately in each of the two Provinces a Divan 
ad hoc, composed in such a manner as to represent most 
closely the interests of all classes of society. These Divans 
shall be called upon to express the wishes of the people 
in regard to the definitive organization of the Principalities. 

An Instruction from the Congress shall regulate the 
relations between the Commission and these Divans. 



i82 TURKEY AND THE POWERS, 1856 

ARTICLE XXV. Taking into consideration the opinion 
expressed by the two Divans, the Commission shall transmit, 
without delay, to the present seat of the Conferences, the 
result of its own labours. 

The Final Agreement with the Suzerain Power shall be 
recorded in a Convention to be concluded at Paris between 
the High Contracting Parties ; and a Hatti-sheriff , in 
conformity with the stipulations of the Convention, shall 
constitute definitively the organization of those Provinces, 
placed thenceforward under the Collective Guarantee of all 
the signing Powers. 

ARTICLE XXVI. It is agreed that there shall be in the 
Principalities a National Armed Force, organized with the 
view to maintain the security of the interior, and to ensure 
that of the Frontiers. No impediment shall be opposed to 
the extraordinary measures of defence which, by agree- 
ment with the Sublime Porte, they may be called upon to 
take in order to repel any external aggression. 

ARTICLE XXVII. If the Internal Tranquillity of the 
Principalities should be menaced or compromised, the 
Sublime Porte shall come to an understanding with the 
other Contracting Powers in regard to the measures to be 
taken for maintaining or re-establishing legal order. 

No armed Intervention can take place without previous 
agreement between those Powers. 

ARTICLE XXVIII. The Principality of Servia shall 
continue to hold of the Sublime Porte, in conformity with 
the Imperial Hats which fix and determine its Rights and 
Immunities, placed henceforward under the Collective 
Guarantee of the Contracting Powers. 

In consequence, the said Principality shall preserve its 
Independent and National Administration, as well as full 
Liberty of Worship, of Legislation, of Commerce, and of 
Navigation. 

ARTICLE XXIX. The right of garrison of the Sublime 
Porte, as stipulated by anterior regulations, is maintained. 
No armed Intervention can take place in Servia without 
previous agreement between the High Contracting Powers. 

ARTICLE XXX. His Majesty the Emperor of All the 
Russias and His Majesty the Sultan maintain in its Integrity 
the state of their possessions in Asia such as it legally 
existed before the rupture. 

In order to prevent all local dispute the Line of Frontier 



TREATY OF 1856 183 

shall be verified, and, if necessary, rectified, without any 
prejudice as regards Territory being sustained by either 
Party. 

For this purpose a Mixed Commission, composed of two 
Russian Commissioners, two Ottoman Commissioners, one 
English Commissioner, and one French Commissioner, 
shall be sent to the spot immediately after the re-establish- 
ment of diplomatic relations between the Court of Russia 
and the Sublime Porte. Its labours shall be completed 
within the period of 8 months after the exchange of the 
Ratifications of the present Treaty. 

ARTICLE XXXI. The Territories occupied during the 
War by the troops of their Majesties the Queen of the 
United Kingdom of Great Britain and Ireland, the Emperor 
of Austria, the Emperor of the French, and the King of 
Sardinia, according to the terms of the Conventions signed 
at Constantinople on the I2th of March, 1854, between 
Great Britain, France, and the Sublime Porte ; on the 
I4th of June of the same year, between Austria and the 
Sublime Porte ; and on the I5th of March, 1855, between 
Sardinia and the Sublime Porte ; shall be evacuated as 
soon as possible after the exchange of the Ratifications of 
the present Treaty. The periods and the means of execution 
shall form the object of an arrangement between the 
Sublime Porte and the Powers whose troops have occupied 
its Territory. 

ARTICLE XXXII. Until the Treaties or Conventions 
which existed before the War between the Belligerent 
Powers have been either renewed or replaced by new Acts, 
Commerce of importation or of exportation shall take place 
reciprocally on the footing of the regulations in force 
before the War ; and in all other matters their subjects 
shall be respectively treated upon the footing of the Most 
Favoured Nation. 

ARTICLE XXXIII. The Convention concluded this day 
between their Majesties the Queen of the United Kingdom 
of Great Britain and Ireland, the Emperor of the French, 
on the one part, and His Majesty the Emperor of All the 
Russias on the other part, respecting the Aland Islands, is 
and remains annexed to the present Treaty, and shall 
have the same force and validity as if it formed a part 
thereof. 

ARTICLE XXXIV. The present Treaty shall be ratified, 



184 TURKEY AND THE POWERS, 1856 

and the Ratifications shall be exchanged at Paris in the 
space of 4 weeks, or sooner if possible. 

In witness whereof the respective Plenipotentiaries have 
signed the same, and have affixed thereto the Seal of their 
Arms. 

Done at Paris, the 3oth day of the month of March, in 
the year 1856. 

(L.S.) CLARENDON. 

(L.S.) COWLEY. 

(L.S.) BUOL-SCHAUENSTEIN. 

(L.S.) HUBNER. 

(L.S.) A. WALEWSKI. 

(L.S.) BOURQUENEY. 

(L.S.) MANTEUFFEL. 

(L.S.) C. M. D'HATZFELDT. 

(L.S.) ORLOFF. 

(L.S.) BRUNNOW. 

(L.S.) C. CAVOUR. 

(L.S.) DE VILLAMARINA. 

(L.S.) AALI. 

(L.S.) MEHEMMED DJEMIL. 

CONVENTION BETWEEN GREAT BRITAIN, AUSTRIA, FRANCE, 
PRUSSIA, RUSSIA, AND SARDINIA, ON THE ONE PART, 
AND THE SULTAN, ON THE OTHER PART, RESPECTING 
THE STRAITS OF THE DARDANELLES AND OF THE 
BOSPHORUS. SIGNED AT PARIS, SOTH MARCH, I856. 1 

ARTICLE I. His Majesty the Sultan, on the one part, 
declares that he is firmly resolved to maintain for the future 
the principle invariably established as the ancient rule of 
his Empire, and in virtue of which it has, at all tunes, 
been prohibited for the Ships of War of Foreign Powers to 
enter the Straits of the Dardanelles and of the Bosphorus; 
and that, so long as the Porte is at Peace, His Majesty will 
admit no Foreign Ship of War into the said Straits. 

And Their Majesties the Queen of the United Kingdom 
of Great Britain and Ireland, the Emperor of Austria, the 
Emperor of the French, the King of Prussia, the Emperor 
of All the Russias, and the King of Sardinia, on the other 
part, engage to respect this determination of the Sultan, 
and to conform themselves to the principle above declared. 
1 State Papers, vol. xlvi, p. 18 ; Hertslet, vol. ii, p. 265. 



CONVENTION OF 1856 185 

ARTICLE II. The Sultan reserves to himself, as in past 
times, to deliver Firmans of Passage for Light Vessels 
under Flag of War, which shall be employed, as is usual in 
the service of the Missions of Foreign Powers. 

ARTICLE III. The same exception applies to the Light 
Vessels under Flag of War, which each of the Contracting 
Powers is authorised to station at the Mouths of the 
Danube in order to secure the execution of the Regulations 
relative to the liberty of that River, and the number of 
which is not to exceed two for each Power. 



DECLARATION SIGNED BY THE PLENIPOTENTIARIES OF 
GREAT BRITAIN, AUSTRIA, FRANCE, PRUSSIA, RUSSIA, 
SARDINIA, AND TURKEY, RESPECTING MARITIME LAW. 
PARIS, i6TH APRIL, I856. 1 

Privateering. 

1. Privateering is, and remains abolished ; 

Neutral Flag. 

2. The Neutral Flag covers Enemy's Goods, with the 
exception of Contraband of War ; 

Neutral Goods. 

3. Neutral Goods, with the exception of Contraband of 
War, are not liable to capture under Enemy's Flag ; 

Blockades. 

4. Blockades, in order to be binding, must be effective, 
that is to say, maintained by a force sufficient really to 
prevent access to the coast of the enemy. 

1 State Papers, vol. xlvi, p. 26 ; Hertslet, vol. ii, No. 271. 



CHAPTER VI 
THE DANISH DUCHIES 

Duchy of Holstein Duchy of Schleswig Lauenburg Rescript 
of 1846 Hostilities in the Duchies Treaty of 1850 Treaty 
of London, 1852 The Ordinance of 1853 The Constitution 
of November 1 863 Lord Palmerston The Danish and German 
"Cases The Powers of Europe Treaty of Peace, 1864 
Convention of Gastein Dispatch of Earl Russell. 

Texts : The Treaty of London (1852) The Treaty of Vienna ( 1 864) . 

THE question of the Succession to the Danish Crown, 
and that relating to the affairs of the Danish Duchies, to 
which the above-cited treaties respectively have reference, 
are to so great an extent related to one another that it will 
be more convenient and less conducive to repetition to deal 
with both treaties together rather than to separate them 
into two distinct subjects in their chronological order. 

The Duchy of Holstein, though owing allegiance to 
Denmark, became included in the Germanic Confederation 
by virtue of Article LIII of the Vienna Congress Treaty of 
1815, which declared that ' the Sovereign Princes and Free 
Towns of Germany, under which denomination for the 
present purpose are comprehended their Majesties the 
Emperor of Austria, the Kings of Prussia, of Denmark 
and of* The Netherlands, that is to say . . . The King of 
Denmark for the Duchy of Holstein . . ., establish among 
themselves a perpetual Confederation which shall be called 
the Germanic Confederation '. 

The Duchy of Schleswig, long under the sway of the 
Kings of Denmark, was claimed by Denmark in virtue of 
guarantees given by Great Britain and France in 1720 and 
of the treaties concluded with Russia in 1767 and 1773.* 

1 See Rescript of the King of Denmark, July 8, 1846 ; State Papers, 
vol. xl, p. 1261. 



DUCHY OF SCHLESWIG 187 

The relationship of Schleswig to Denmark differed there- 
fore from that of Holstein. 

Thus in the eighteenth century Schleswig was a possession 
of the Danish Crown but not incorporated with the Danish 
territories. She was bound to Holstein by various interests, 
and German was the official language. She possessed a 
separate Diet conferred upon her by Frederick VI, who, 
however, bound the two Duchies together by placing them 
under a Ministry and a Supreme Court common to both. 
This intimate connexion in the course of time caused 
Schleswig to become more and more German, and in the 
nineteenth century a large portion of the population spoke 
German. The Danes at length took steps to preserve the 
nationality of the Duchy by encouraging the use of the 
Danish language and by other means. This procedure became 
a grievance to the German population of the Duchies, and by 
degrees a Schleswig-Holstein party grew up, and the demand 
was formulated that they should be made independent of 
Denmark and be constituted one State within the Germanic 
Confederation. The Duke of Augustenburg, the leader of 
this party, a descendant of King Christian III, hoped to 
acquire the Duchies for himself and his House in the event 
of the Danish royal line becoming extinct an event which 
seemed probable and he accordingly sought support in 
Germany, and succeeded in setting on foot an enthusiastic 
national movement there in favour of the demands of the 
Duchies. The Scandinavian countries, on the other hand, 
were in favour of the views of the national party in 
Denmark. 

The Duchy of Lauenburg was ceded by Prussia to 
Denmark ' in full sovereignty ' by the Treaty of June 4, 
iSis. 1 Like Holstein, however, she formed one of the 
States of the Germanic Confederation, and the King of 
Denmark ratified the final Act of the Confederation in 
1820 in the conjoint character of Duke of Holstein and 

1 State Papers, vol. ii, p. 182. 



i88 THE DANISH DUCHIES 

Duke of Lauenburg. 1 Lauenburg, however, was not deeply 
involved in the questions affecting Schleswig-Holstein. 

In 1831 the King of Denmark (whose authority in 
Schleswig and Holstein had up to that time been absolute) 
issued an ordinance for the erection of Provincial States in 
Schleswig and Holstein resembling those which had been 
established by most of the German sovereigns in accord- 
ance with the Federal Act of 1815, the powers of these 
States being consultative only. 2 Similar States were at 
the same time decreed for the Kingdom of Denmark 
proper. 3 This arrangement seems to have worked smoothly 
for some years, until the grievances already alluded to 
assumed shape in the Duchies, when the King, after 
long hesitation between the views of the Danish national 
party and those of the Duchies, appointed a commission 
to inquire into the relations of the Duchies towards the 
sovereign State. As a result His Majesty issued a Royal 
Rescript on July 8, 1846 4 respecting the order of succes- 
sion to the several territories composing the Danish 
monarchy, with regard to which, it was therein stated, 
' confused and incorrect notions ' appeared to prevail. 
The question, it went on to say, had been investigated by 
a special commission, the result of whose labours had been 
to establish the fact that the order of succession was 
indisputable in the case of Lauenburg and Schleswig, but 
that with respect to Holstein there were circumstances 
which stood in the way of expressing the same certainty 
as to the inheritance-right of all the royal successors to 
the Danish Crown. ' Meantime ', proceeded the Rescript, 

' while we would most graciously assure all our true 
subjects, and especially the inhabitants of Holstein, that 
our exertions have been and shall be unremittingly 
directed to remove the hindrances in question and to 

1 See Sir Travers Twiss' work on the Duchies (1848), p. 2. 
* State Papers, vol. xviii, p. 1292. 8 Ibid., p. 1290. 

4 Ibid., vol. xl, p. 1261. 



RESCRIPT OF 1846 189 

effectuate a complete acknowledgement of the integrity 
of the whole Danish State so as that the territories at 
present collected under our sceptre shall at no time be 
separated but shall constantly remain together under 
their present relations, and in the enjoyment of all the 
special privileges belonging to each individually, so 
would we at the same time in an especial manner hereby 
assure our true subjects of the Duchy of Schleswig that 
by this letter it is by no means intended to infringe in 
any way on the Independence of that Duchy such as it 
has hitherto been by us acknowledged, nor to make any 
change in the other relations which do now connect the 
same with the Duchy of Holstein ; but, on the contrary, 
we would rather hereby renew our promise, henceforward 
as heretofore, to protect our Duchy of Schleswig in the 
rights belonging to the same as a territory in itself in- 
dependent but yet inseparably connected with our 
Monarchy.' 

This Royal Rescript, far from having the reassuring 
effect which seems to have been contemplated, appears, 
on the contrary, to have given rise in the Duchies to dis- 
trust and alarm. By way of protesting against it, and of 
emphasizing their views on the subject of their inde- 
pendence, the Duchies withdrew themselves from the 
Provincial States, and petitioned the King of Denmark 
on the subject. The King refused to receive the petitions, 
and Holstein accordingly sent deputies to the Germanic 
Diet to lay the case before them. The Diet thereupon 
expressed their non-acquiescence in the refusal of the 
King to receive the petitions, but pronounced no opinion 
on the general question at issue, namely the supposed 
innovations created by the Danish Rescript, and the 
divergence of views therein expressed. 

Popular demonstrations in the Duchies followed, fomented 
by the Augustenburg faction in Germany. On the 'death 
of the King of Denmark in January 1848 they declared 
their independence and hostilities ensued. On an appeal 
from Holstein, Prussian troops (as part of the Federal 
Army) were sent into that Duchy to resist the Danes. 



igo THE DANISH DUCHIES 

About this time, and subsequently, Austria and Prussia 
were working against each other for predominance in 
Germany. The Tsar of Russia urgently demanded the 
conclusion of the Schleswig-Holstein complication, which 
he considered to be due to nothing but the intrigues of 
malevolent revolutionaries in Copenhagen and the Duchies. 
He declared that in the event of the German question 
resulting in war between Austria and Prussia, his neutrality 
would be conditional upon the restoration of Danish 
supremacy over the rebels in Schleswig-Holstein. 

The reactionary party meanwhile gained the upper hand 
in Germany ; Frederick William IV of Prussia so far 
surrendered on the Duchies question as to declare that he 
could not conscientiously support national against mon- 
archical rights ; Preliminaries of Peace were signed between 
Denmark and Prussia on July 10, 1849 (Great Britain 
acting as mediator), and it was agreed that on the con- 
clusion of a definitive peace the Great Powers of Europe 
should be approached with a view to regulating the Danish 
Order of Succession. 1 

Finally, on July 2, 1850, a definitive Treaty of Peace 
was signed at Berlin between the King of Prussia in his 
own name and in that of the Germanic Confederation, and 
Denmark. By this treaty all rights which existed before 
the war, on either side, were reserved ; boundaries arranged 
for ; and the right conceded to Denmark to claim the 
intervention of the Germanic Confederation for the re- 
establishment of legitimate authority in Holstein. But 
the questions which led to the war were not thereby set 
at rest, and hostilities between Denmark and the Duchies 
were resumed. Denmark eventually claimed the inter- 
vention of the Confederation under the Treaty of 1850. 
Austrian and Prussian commissioners then entered Holstein 
and negotiations ensued, which culminated in January 
1852 in an arrangement roughly to the following effect : 
1 State Papers, vol. xxxvii, p. 132. 



TREATY OF 1850 191 

1. Schleswig should not be incorporated with Denmark. 

2. Non-political ties between Schleswig and Hoist ein 
should be maintained. 3. One part of the Danish Monarchy 
should not be subordinate to the other. 4. The Duchies 
should have their own Ministers of the Interior and voting 
power in certain internal matters. 5. The Duchies should 
have an administrative and constitutional separation. 
6. A Treaty should be concluded for settling the question 
of the Succession to the Danish Monarchy. These negotia- 
tions were conducted in conjunction with Great Britain 
as Mediating Power. 

Before the definitive Treaty of Peace was concluded, 
Great Britain, on the strength of the Preliminaries of 
1849, took up the question of the succession to the throne 
of Denmark. 1 In February 1850 Lord Palmerston urged 
on the Danish Government the importance of settling, 
without delay, this question which, he stated, was the key 
to the whole of the questions pending between Denmark 
and Germany. The choice of some Prince to succeed to 
the Danish Crown who would equally succeed to Holstein 
and to Schleswig, would remove the chief difficulty and 
avoid the separation of the Duchies from Denmark on the 
failure of the direct line. 

After prolonged negotiations through the medium of 
a voluminous correspondence, in the course of which the 
King of Denmark designated the House of Gliicksburg 
(Prince Christian of Schleswig-Holstein-Sonderburg-Glucks- 
burg and the issue of His Highness's marriage with the 
Princess Louisa, born a Princess of Hesse) as successors to 
the Danish Crown, and by means of Conferences held at 
London and elsewhere, the representatives of the Powers 
finally met at London arid signed the Treaty of May 8, 
1852, the object of which, according to the preamble, was 
' the maintenance of the integrity of the Danish Monarchy, 
as connected with the general interests of the balance of 
1 Correspondence, State Papers, vol. xlii, p. 831. 



192 THE DANISH DUCHIES 

power in Europe '. This treaty recognized Prince Christian 
as the eventual successor to the whole of the dominions 
then united under the sceptre of the King of Denmark. 
The question of submitting the treaty to the Diet of the 
Germanic Confederation was decided in the negative. 
The claims of the Agnates of the royal families to eventual 
succession to the Duchies were settled either by spontaneous 
renunciations of their rights, or by compensation, or in the 
case of remote contingencies by simply ignoring them. 

On July 31, 1853, a Royal Ordinance was promulgated 
by the King of Denmark settling the succession to the 
Crown of that country on Prince Christian of Glucksburg 
and his male heirs, in virtue of the Treaty of May 8, 1852, 
concluded between Austria, France, Great Britain, Prussia, 
Russia, Sweden and Norway, and Denmark, and acceded 
to by most of the European Powers. 1 

The work of framing Constitutions for the Duchies was 
then entered upon, and this gave rise to much controversy 
and many grievances, and complaints that Denmark was 
neglecting to fulfil the promises made at the time of the 
conclusion of the Succession Treaty. This went on 
until in February 1858 the Diet of the Germanic Con- 
federation demanded the fulfilment of those promises 
affecting the equality and independence of the Duchies, 
but nothing satisfactory resulted. In 1863 the King of 
Denmark decreed independent rights to Holstein, and 
elaborated a Constitution for Denmark and Schleswig 
which was held virtually to incorporate Schleswig with 
the Danish Monarchy, but he died before its promulgation, 
in November 1 863 . He was succeeded by King Christian IX , 
who had been designated by the Treaty of London of May 8, 

1852, and by the consequent Royal Ordinance of July 31, 

1853, as the successor to the throne of Denmark, and 
to the sovereignty of the Duchies. His first act was 
to sign the November Constitution of the Danish party. 

1 Slate Papers, vol. xlii, p. 1184. 



CONSTITUTION OF NOVEMBER 1863 193 

The Duke of Augustenburg then claimed the sovereignty 
of the Duchies, and was supported by Austria and Prussia 
and the Germanic Confederation, in spite of the treaty 
to which the two first-named Powers had affixed their 
signatures in 1852. They excused their disregard of the 
treaty stipulation on the grounds that the treaty had not 
been submitted to the German Diet and that Denmark 
had broken her promises of 1851-2 ; and they refused 
to recognize the right of Christian IX to succeed to the 
sovereignty of the Duchies except on the condition that 
the November Constitution was annulled. England 
strongly advised Denmark to withdraw the Constitution, 
and Denmark showed herself ready to follow this advice, 
but before the proposal could be carried out Austrian 
and Prussian troops invaded the Duchies and war ensued. 
Lord Palmerston, the English Prime Minister, described 
the entrance of troops into Schleswig as an ' iniquitous 
aggression*. If the German Powers had waited a couple 
of months, he explained, so as to enable Denmark to 
withdraw the Constitution, as, on the advice of England, 
she was prepared to do, no war need have been made. 
The war was unnecessary, and therefore ' iniquitous '. 
This was in reply to observations made by the Austrian 
Government. In connexion with a remark made by 
the same Government on the principle that war abrogates 
treaties, Lord Palmerston observed that ' to make an ag- 
gressive war for the very purpose of abrogating them would 
be a great and evident abuse of an admitted principle '. x 

It would be impossible within the limits of the present 
work to discuss at length the rights and wrongs of the 
Duchies question from the points of view of the various 
Powers interested. The Danish Government maintained 
that Schleswig was altogether removed from any interference 
on the part of the Germanic Confederation, and that as 

1 Lord Russell to Lord Bloomfield, Febniary 24, 1864. Blue 
Book, ' Denmark and Germany ', No. 5, 1864. 

18J3 



194 THE DANISH DUCHIES 

regards Holstein, Denmark had already conferred a great 
measure of independence upon her. The German Govern- 
ments held that, inasmuch as Holstein was a member of 
the Germanic Confederation, the latter had the right of 
interference in respect of that Duchy. They appear also 
to have advanced an indirect claim in respect of Schleswig 
by reason of the long existing administrative connexion 
between the two Duchies. Moreover, as regards the period 
from 1851 onwards, there were the undertakings entered 
into by Denmark with the Austro-Prussian Commissioners 
in 1851-2, amongst them being the stipulation that 
Schleswig should not be incorporated with Denmark, that 
non-political ties between the two Duchies should be main- 
tained, that one part of the Danish Monarchy should not be 
subordinate to another, &c. The German States maintained 
that Denmark had not fulfilled these undertakings : on the 
contrary, that Schleswig was virtually incorporated with 
Denmark by the common Constitution of November 1863, 
that the compulsory use of the Danish language in schools 
and churches in the Germanized po'rtions of Schleswig was 
a contravention of the promised equality, and so forth. 
There was something to be said, and much was said, in 
support of these opposing contentions. No doubt there 
was truth in the remark of the Tsar of Russia to the 
effect that the Schleswig-Holstein complication was mainly 
due to the intrigues of malevolent revolutionaries both in 
Denmark and in the Duchies. As a consequence of the 
efforts of the Augustenburg faction, the populations of 
Germany became permeated with the idea that the cause 
of the ' downtrodden ' inhabitants of the Duchies must 
be espoused by them in opposition to the ' tyranny ' of 
Denmark. So much so that on the revival of the Augusten- 
burg claims at the death of Frederick VII of Denmark in 
1863, more than one of the German monarchs declared 
that the outcry for war amongst their subjects was so 
strong that they dared not resist it, having due regard for 



DANISH AND GERMAN CASES 195 

the safety of their thrones. Denmark sought alliances in 
her resistance to the Germans, but none were forthcoming. 1 
Russia was unwilling to commit herself to take up arms 
in support of Denmark. She was herself only just emerg- 
ing from her difficulties arising out of the insurrection in 
Poland. France and Great Britain urged mediation and 
furnished remonstrances, but were disinclined for more 
drastic measures. Great Britain besides was also some- 
what preoccupied with the Civil War in the United States. 
Sweden could not throw in her lot with Denmark single- 
handed, although she had previously been prepared to 
sign a treaty of defensive alliance with her. This com- 
bination of circumstances cleared the way for the fulfil- 
ment of German designs and the advance of the policy 
of Bismarck, and accordingly hostilities were begun. 

Conferences for re-establishing peace were held in 
London from April to June 1864, but they broke down 
over the question of the boundary between Denmark and 
Schleswig, and no agreement was arrived at. Denmark 
was defeated by her enemies in the field, and a Treaty of 
Peace was signed at Vienna between Austria, Prussia, and 
Denmark on October 30, i864, 2 whereby Denmark re- 
nounced all her rights over the Duchies of Schleswig, 
Holstein, and Lauenburg in favour of the King of Prussia 
and the Emperor of Austria, engaging to recognize the 
dispositions which their said Majesties should make with 
reference to those Duchies. A small portion only of 
Northern Schleswig was to be incorporated into the King- 
dom of Denmark. 

Soon after the conclusion of the Treaty of 1864 Bismarck 
submitted to the Austrian Government the terms on which 
the Duchies might be conferred upon the Duke of August en- 
burg according to the proposal put forward in 1863. He 

1 For a discussion of Great Britain's responsibility see Egerton, 
British Foreign Policy in Europe (1917), pp. 276 ff. 
* Slate Papers, vol. liv, p. 522. 

O 2 



10/3 THE DANISH DUCHIES 

required that the Prussian law for military service should 
be established in the Duchies ; that the army should take 
the oath of allegiance to the Prussian King ; and that 
Prussian troops should occupy the principal garrisons, 
besides other arrangements tending to establish Prussian 
supremacy in those territories. These terms were rejected 
not only by Austria but also by the Duke of Augustenburg 
and by the populations of the Duchies themselves, who, 
with the support of the Federal Diet at Frankfort, now 
placed themselves in opposition to the manifest designs of 
Prussia. Thus the relations between Prussia and Austria, 
as well as between Prussia and the majority in the Federal 
Diet, became strained in the course of the year 1865, 
a condition of affairs which was not improved by the 
high-handed proceedings of the Prussian Commissioner in 
Schleswig-Holstein, who expelled certain adherents of the 
Augustenburg faction, and whose action in so doing was 
stigmatized by his Austrian colleague as one of lawless 
violence. War was, however, averted for the time being 
by means of a Convention signed at Gastein (a favourite 
summer resort of the sovereigns of Austria and Prussia) 
on August 14, I865, 1 wherein it was agreed that the co- 
sovereignty of the two Powers in the Duchies conceded 
by the Treaty of Peace of 1864 should be converted into 
a geographical arrangement, under which Austria should 
assume in Holstein all the rights so conceded, and Prussia 
should assume all those rights in Schleswig. Further, it 
contained a stipulation that it should be proposed to the 
Germanic Diet to establish a German fleet, with Kiel as 
a federal harbour for it ; that Kiel should be under the 
command of Prussia, which should be entitled to erect 
fortifications there, as well as to construct a North Sea 
canal ; that Austria should cede to Prussia her rights 
over Lauenburg against a money payment, and other 
minor stipulations. Herein can be detected the trend of 
1 Sec Mowat, Select Treaties, pp. 71-4. 



DISPATCH OF EARL RUSSELL 197 

Prussian policy and aspirations at that time, which were 
to receive further development in due course. 

Upon becoming aware of this Convention, Earl Russell, 
the English Secretary of State for Foreign Affairs, addressed 
a circular dispatch 1 to certain of the British ministers 
abroad expressing regret at the course adopted. The 
Treaty of the Danish Succession of 1852, his Lordship said, 
had been completely set aside by Austria and Prussia, 
two of the Powers who had signed it, notwithstanding 
their assurances given in 1864. 

It might have been expected that when Treaties were 
thus annulled, the popular feeling of Germany, the wishes 
of the Duchies themselves, and the opinions of the Diet 
so explicitly put forth by Austria and Prussia in the 
sittings of the Conference of London, would have been 
recognized in their place. In this manner if an order of 
Rights had been overthrown, another Title drawn from the 
assent of the people would have been set up, and that 
Title might have been received with respect and main- 
tained with a prospect of permanence. 

But all Rights, old and new, whether founded on the 
solemn Compact of Sovereigns or on the clear expression 
of the popular will, have been set at naught by the Con- 
vention of Gastein, and the dominion of Force is the sole 
power acknowledged and regarded. 

Violence and conquest are the bases upon which alone 
the Partitioning Powers found their agreement. 

Her Majesty's Government deeply lament the disregard 
thus shown to the principles of public right, and the 
legitimate claims of a people to be heard as to the disposal 
of their own destiny. 

This instruction, his Lordship added, does not authorize 
you to address observations on this subject to the Court 
to which you are accredited, but is intended only to point 
out when the opportunity shall present itself what is the 
language you are expected to hold. 

The further development of the Duchies question will 
be set forth in connexion with the Treaty of Prague of 
August 23, i866. a 

1 September 14, 1865 ; Hertslet, vol. iii, p. 1645. 
1 See pp. 241 ff. 



198 THE DANISH DUCHIES 

TREATY BETWEEN GREAT BRITAIN, AUSTRIA, FRANCE, 
PRUSSIA, RUSSIA, AND SWEDEN AND NORWAY, ON 
THE ONE PART, AND DENMARK ON THE OTHER PART, 
RELATIVE TO THE SUCCESSION TO THE CROWN OF 
DENMARK. SIGNED AT LONDON, STH MAY, I852. 1 

ARTICLE I. After having taken into serious considera- 
tion the interests of his Monarchy, His Majesty the King 
of Denmark, with the assent of His Royal Highness the 
Hereditary Prince, and of his nearest cognates, entitled 
to the Succession by the Royal Law of Denmark, as well 
as in concert with His Majesty the Emperor of All the 
Russias, Head of the elder Branch of the House of Holstein- 
Gottorp, having declared his wish to regulate the order of 
Succession in his dominions in such manner that, in default 
of issue male in a direct line from King Frederick III of 
Denmark, his Crown should devolve upon His Highness 
the Prince Christian of Schleswig-Holstein-Sonderbourg- 
Glucksbourg, and upon the issue of the marriage of that 
Prince with Her Highness the Princess Louisa of Schleswig- 
Holstein-Sonderbourg-Gliicksbourg, born a Princess of 
Hesse, by order of Primogeniture from Male to Male ; the 
High Contracting Parties, appreciating the wisdom of the 
views which have determined the eventual adoption of 
that arrangement, engage by common consent, in case the 
contemplated contingency should be realized, to acknow- 
ledge in His Highness the Prince Christian of Schleswig- 
Holstein-Sonderbourg-Glucksbourg, and his issue male in 
the direct line by his marriage with the said Princess, the 
Right of Succeeding to the whole of the Dominions now 
united under the sceptre of His Majesty the King of 
Denmark. 

ARTICLE II. The High Contracting Parties, acknow- 
ledging as permanent the principle of the Integrity of the 
Danish Monarchy, engage to take into consideration the 
further propositions which His Majesty the King of Den- 
mark may deem it expedient to address to them in case 
(which God forbid) the extinction of the issue male, in 
the direct line, of His Highness the Prince Christian of 
Schleswig-Holstein-Sonderbourg-Gliicksbourg, by his mar- 
riage with Her Highness the Princess Louisa of Schleswig- 

1 Translation as presented to Parliament, State Papers, vol. xlii, 
p. 13 ; Hertslet, vol. ii. No. 230. 



TREATY OF VIENNA, 1864 199 

Hoist ein-Sonderbourg-Gliicksbourg, born a Princess of Hesse, 
should become imminent. 

ARTICLE III. It is expressly understood that the 
reciprocal Rights and Obligations of His Majesty the King 
of Denmark, and of the Germanic Confederation, concern- 
ing the Duchies of Holstein and Lauenburg, Rights and 
Obligations established by the Federal Act of 1815, and 
by the existing Federal Right, shall not be affected by the 
present Treaty. 

ARTICLE IV. The High Contracting Parties reserve to 
themselves to bring the present Treaty to the knowledge 
of the other Powers, and to invite them to accede to it. 

ARTICLE V. The present Treaty shall be ratified, and 
the Ratifications shall be exchanged at London at the 
expiration of 6 weeks, or sooner if possible. 

In witness whereof, the respective Plenipotentiaries 
have signed the same, and have affixed thereto the Seal of 
their Arms. 

Done at London, the 8th day of May, in the year of Our 
Lord, 1852. 

(L.S.) BILLE. (L.S.) MALMESBURY. 

(L.S.) KUBECK. 

(L.S.) A. WALEWSKI. 

(L.S.) BUNSEN. 

(L.S.) BRUNNOW. 

(L.S.) REHAUSEN. 



TREATY OF PEACE BETWEEN AUSTRIA, PRUSSIA, AND 
DENMARK. SIGNED AT VIENNA, OCTOBER 30, 
1864.! 

ARTICLE I. There shall be in the future peace and friend- 
ship between their Majesties the King of Prussia and the 
Emperor of Austria and his Majesty the King of Denmark 
as well as between their heirs and successors, their respec- 
tive states and subjects in perpetuity. 

ARTICLE II. All the Treaties and Conventions con- 
cluded before the war between the High Contracting 
Parties are re-established in force in so far as they are not 
abrogated or modified by the tenor of the present Treaty. 

'Translation from State Papers, vol. liv, p. 522 ; Hertslet, vol. iii 
No. 367. The text as given in Hertslet omits Articles VI to XXI. 



200 THE DANISH DUCHIES 

ARTICLE III. His Majesty the King of Denmark re- 
nounces all his rights over the Duchies of Schleswig, 
Holstein and Lauenburg, in favour of their Majesties the 
King of Prussia and the Emperor of Austria, pledging 
himself to recognise the dispositions which their said 
Majesties shall make with regard to these Duchies. 

ARTICLE IV. The cession of the Duchy of Schleswig 
includes all the islands belonging to that Duchy as well 
as the territory situated on terra firrna. 

In order to simplify the delimitation and to put an end 
to the inconveniences resulting from the situation of the 
Jutland territory inclosed within the territory of Schleswig, 
His Majesty the King of Denmark cedes to their Majesties 
the King of Prussia and the Emperor of Austria the Jutland 
possessions situated to the South of the line of southern 
frontier of the district of Ribe, such as the Jutland territory 
of Moegeltondern, the Island of Amrom, the Jutland 
portions of the Islands of Foehr, Sylt, and Roemoe, &c. 

On the other hand their Majesties the King of Prussia 
and the Emperor of Austria agree that an equivalent 
portion of Schleswig comprising, besides the Island of Aeroe, 
territories which shall connect the above-mentioned dis- 
trict of Ribe with the rest of Jutland, and which shall 
correct the frontier line between Jutland and Schleswig 
on the side of Kolding, shall be detached from the Duchy 
of Schleswig and incorporated in the Kingdom of Denmark. 

ARTICLE V. The new frontier between the Kingdom of 
Denmark and the Duchy of Schleswig shall start from the 
middle of the mouth of the bay of Hejlsminde on the 
little Belt, and after crossing that bay shall follow the 
present southern frontier of the parishes of Hejls, Vejstrup, 
and Taps, this last as far as the water-course to the south 
of Gejlbjerg and Branore, thence following that water- 
course from its entry into the Fovs-Aa, along the southern 
frontier of the parishes of Odis and Vandrup, and along 
the Western frontier of this last place as far as K6nigs-Au 
(Konge-Aa) to the North of Holte. From this point the 
' Thalweg ' of the Konigs-Au (Konge-Aa) shall form the 
frontier as far as the eastern boundary of the parish of 
Hjortlund. Starting from that point the line shall follow 
the same boundary and its continuation as far as the 
projecting angle to the north of the village of Obekjar, 
and afterwards the eastern frontier of that village as far 



TREATY OF VIENNA, 1864 201 

as the Gjels-Aa. From thence the eastern boundary of 
the parish of Seem and the southern boundaries of the 
parishes of Seem, Ribe, and Vester-Vedsted shall form the 
new frontier, which, in the North Sea, shall pass at an 
equal distance between the islands of Manoe and Roemoe. 

As a result of this new delimitation, all the titles and 
mixed rights, secular as well as spiritual, which have 
existed up till now within the enclosures in the islands and 
in the mixed parishes are mutually declared extinct. 
Consequently the new sovereign power in each of the 
territories separated by the new frontier shall enjoy in 
this respect its full rights. 

ARTICLE VI. An International Commission composed 
of representatives of the High Contracting Parties shall 
be appointed immediately after the exchange of ratifica- 
tions of the present Treaty to carry out upon the spot 
the marking of the new frontier in conformity with the 
stipulations of the preceding Article. This Commission 
will also have to divide between the Kingdom of Denmark 
and the Duchy of Schleswig the expenses of constructing 
the new high-road from Ribe to Tondern in proportion 
to the extent of the respective territory through which it 
passes. 

Finally the same Commission shall preside over the 
division of the landed and funded property which up till 
now have belonged in common to districts or communes 
separated by the new frontier. 

ARTICLE VII. The dispositions of Articles XX, XXI 
and XXII of the Treaty concluded between Austria and 
Russia on the 3rd May iSi.5, 1 which form an integral part 
of the General Act of the Congress of Vienna, dispositions 
relative to mixed proprietors, to the rights which they shall 
exercise and to the local relations (rapports de voisinage) in 
the properties cut by the frontiers, shall be applied to the 
proprietors as well as to the properties which in Schleswig 
and in Jutland happen to fall among the cases provided 
for in the above-mentioned dispositions of the Acts of 
the Congress of Vienna. 

ARTICLE VIII. In order to achieve an equitable division 
of the public debt of the Danish Monarchy in proportion 
to the respective populations of the Kingdom and the 
Duchies, and to obviate at the same time any insurmount- 

1 Sec Stale Papers, vol. ii, p. 56. 



202 THE DANISH DUCHIES 

able difficulties which a detailed liquidation of the reciprocal 
rights and claims would present, the High Contracting 
Parties have fixed the share of the public debt of the 
Danish Monarchy which shall be laid at the charge of the 
Duchies, at the round sum of 29 million thalers (Danish 
money). 

ARTICLE IX. The part of the public debt of the Danish 
Monarchy, which, in accordance with the preceding article, 
shall fall to the charge of the Duchies, shall be paid, under 
the guarantee of their Majesties the King of Prussia and 
the Emperor of Austria, as a debt of the three above- 
mentioned Duchies to the Kingdom of Denmark, in the 
period of one year or sooner if possible, dating from the 
definitive organization of the Duchies. 

For the payment of this debt the Duchies may make 
use, in whole or in part, of any of the following methods : 

1. Payment in ready money (75 Prussian thalers = 100 

thalers in Danish money) ; 

2. Remittance to the Danish Treasury of non-redeemable 

(non-remboursables) bonds bearing interest at 4 per 
cent, and belonging to the interior debt of the 
Danish Monarchy ; 

3. Remittance to the Danish Treasury of new State 

obligations to be issued by the Duchies, the value 
of which shall be stated in Prussian thalers (at the 
rate of 30 the pound) or in bank marks of Hamburg, 
and which shall be paid off by means of a half- 
yearly annuity of 3 per cent, of the original principal 
of the debt, of which 2 per cent, shall represent the 
interest of the debt due at each term, while the 
remainder shall be paid by way of sinking fund 
(amortissement). 

The above-mentioned payment of the half-yearly annuity 
of 3 per cent, shall be made not only by the public treasuries 
of the Duchies but also by the banking-houses of Berlin 
and Hamburg. 

The obligations mentioned under 2 and 3 shall be 
received by the Danish Treasury at their face value. 

ARTICLE X. Up till the period when the Duchies shall 
be definitively charged with the sum which they shall have 
to pay in accordance with Article VIII of the present 
Treaty, instead of their quota of the public debt of the 



TREATY OF VIENNA, 1864 203 

Danish Monarchy, they shall pay half-yearly 2 per cent, 
of the said sum, that is 580,000 thalers (Danish money). 
This payment shall be carried out in such a way that the 
interest and the charges of the Danish debt which have 
been met up till now by the public treasuries of the Duchies 
shall be also henceforward paid by these same treasuries. 
These payments shall be made each half-year, and in the 
case where they would not amount to the above-mentioned 
sum, the Duchies shall have to pay the remainder to the 
Danish Treasury in ready money ; in the contrary case 
the surplus shall be paid back to them also in ready 
money. 

The liquidation shall be carried out between Denmark 
and the authorities charged with the superior administra- 
tion of the Duchies after the method stipulated in the 
present Article or every quarter in so far as on the one 
side and on the other it shall be judged necessary. The 
first payment shall have specially for its object all the 
interest and charges of the public debt of the Danish 
Monarchy paid after the 23rd December, 1863. 

ARTICLE XL The sums representing the equivalent of the 
so-called ' Holstein-Ploen ', the remainder of the indemnity 
for the former possessions of the Duke of Augustenburg, 
including the prior debt with which they are encumbered 
and the ' domain ' obligations of Schleswig and Holstein, 
shall be laid exclusively to the charge of the Duchies. 

ARTICLE XII. The Governments of Prussia and of 
Austria shall be reimbursed by the Duchies for the expenses 
of the war. 

ARTICLE XIII. His Majesty the King of Denmark 
pledges himself to restore immediately after the exchange 
of ratifications of the present Treaty, with their cargoes, all 
the Prussian, Austrian, and German merchant vessels taken 
during the war, as well as the cargoes belonging to Prussian, 
Austrian, and German subjects seized on neutral vessels ; 
as well as all the vessels seized by Denmark for military 
reasons in the ceded Duchies. 

The goods here mentioned shall be surrendered in the 
condition in which they happen to be, bona fide, at the 
time of their restitution. 

In cases in which the goods to be surrendered no longer 
exist, the value shall be handed over, and if they have lost 
considerably in value since their seizure, the owners shall 



204 THE DANISH DUCHIES 

be indemnified in proportion. Further, it is recognized as 
obligatory to indemnify the freighter and the crew of the 
vessels and the owners of cargoes for all the expenses and 
direct losses which shall be proved to have been caused by 
the seizure of the ships, such as the harbour-dues or road- 
stead-dues (Liegegelder), expenses of court, and expenses 
incurred for the up-keep or the homeward journey of the 
ships and their crews. 

As for the ships which cannot actually be given back, 
the indemnities to be granted shall be reckoned upon the 
basis of the value which these ships bore at the time of 
their capture. As regards the damaged cargoes or those 
which no longer exist, the indemnity shall be fixed according 
to the value which they would have had at the place of their 
destination at the time when the vessel should have reached 
it on a calculation of probabilities. 

Their Majesties the King of Prussia and the Emperor of 
Austria in a similar manner shall cause the restitution 
of merchant ships taken by their troops or their ships of 
war, as well as their cargoes, in so far as they belonged to 
private persons. 

If the restitution cannot actually be made, the indemnity 
shall be fixed according to the principles indicated above. 

Their said Majesties pledge themselves at the same time 
to include in their statement of accounts the sum of the 
contributions of war raised in ready money by their troops 
in Jutland. This sum shall be deducted from the indem- 
nities to be paid by Denmark according to the principles 
established by the present Article. 

Their Majesties the King of Prussia, the Emperor of 
Austria, and the King of Denmark shall appoint a special 
Commission, which shall fix the amount of the respective 
indemnities and which shall assemble at Copenhagen not 
later than 6 weeks after the exchange of ratifications of 
the present Treaty. 

This Commission shall endeavour to accomplish its task 
in the space of 3 months. If, after that time, it has not 
been able to agree upon all the claims presented to it, 
those claims which have not been decided shall be sub- 
mitted to the decision of an arbitrator. In this event 
their Majesties the King of Prussia, the Emperor of Austria, 
and his Majesty the King of Denmark shall come to an 
understanding as to the choice of an arbitrator. 



TREATY OF VIENNA, 1864 205 

The indemnities shall be paid at the latest 4 weeks 
afrer having been definitively fixed. 

ARTICLE XIV. The Danish Government shall be charged 
with the reimbursement of all the sums paid by the subjects 
of the Duchies, by the communes, public establishments 
and corporations into the Danish public treasuries as 
pledge, deposit, or security. 

Moreover the following shall be reimbursed to the 
Duchies : 

1. The deposits allocated to the redemption of the 

Holstein treasury bonds (Kassenscheine) ; 

2. The funds destined for the construction of prisons ; 

3. The funds of insurances against fire ; 

4. Deposit accounts (Caisse des depdts). 

5. The capital arising from bequests belonging to com- 

munes or public institutions in the Duchies. 

6. The funds in cash (Kassenbehalte) arising from special 

receipts of the Duchies and which were bona fide 
their public cash at the time of the federal execution 
and of the occupation of those countries. 

An International Commission shall be charged with the 
liquidation of the total of the above-mentioned sums, 
deducting the expenses incurred in the special administra- 
tion of the Duchies. 

The collection of antiquities at Flensburg, which was 
connected with the history of Schleswig, but which has 
been in great part dispersed during the late events, shall 
again be collected there with the help of the Danish Govern- 
ment. 

Furthermore, Danish subjects, communes, public estab- 
lishments and corporations which shall have deposited 
money as pledge, deposit, or security in the public treasuries 
of the Duchies shall be accurately reimbursed by the new 
Government. 

ARTICLE XV. The pensions charged upon the special 
budgets, either of the Kingdom of Denmark or of the 
Duchies, shall continue to be paid by the respective coun- 
tries. The recipients shall be at liberty to choose their 
domicile either in the Kingdom or in the Duchies. 

All the other pensions, civil as well as military (includ- 
ing the pensions of the employees on the Civil List of his 
late Majesty, King Frederick VII, of his late Royal High- 



206 THE DANISH DUCHIES 

ness Prince Ferdinand and of her late Royal Highness the 
Landgrave Charlotte of Hesse, ne'e Princess of Denmark, 
and the pensions which have been paid up till now by the 
Secretary of Bounties (Secretariat des Graces) shall be 
divided between the Kingdom and the Duchies according 
to the proportion of their respective populations. 

For this purpose it has been agreed to have a list drawn 
up of all these pensions, to convert their value as life- 
interest into capital, and invite all the recipients to declare 
if, in the future, they desire to draw their pensions in the 
Kingdom or in the Duchies. 

Should it happen that as a result of these options the 
proportion between the two quotas, that is to say, between 
the share falling to the charge of the Duchies and that 
remaining to the charge of the Kingdom, should not be in 
conformity with the proportional principle of the respective 
populations, the difference shall be paid by the party 
which it concerns. 

The pensions charged on the general fund for widows 
and on the pension fund for military subalterns shall 
continue to be paid as in the past, in so far as the 
funds suffice. As regards the supplementary sums which 
the State will have to pay to these funds, the Duchies 
shall be responsible for a share of these supplementary 
sums according to the proportion of their respective 
populations. 

Their share in the institution for life annuities and life 
assurances founded in 1842 in Copenhagen, in which indi- 
vidual natives of the Duchies have acquired rights, is 
expressly reserved for them. 

An International Commission composed of representatives 
of the two parties shall meet at Copenhagen immediately 
after the exchange of ratifications of the present Treaty, 
to regulate in detail the stipulations of this Article. 

ARTICLE XVI. The Royal Government of Denmark 
shall be responsible for the payment of the following 
appanages : of her Majesty the Dowager Queen Caroline 
Amelia, of her Royal Highness the Hereditary Princess 
Caroline, of her Royal Highness the Duchess Wilhelmina 
Maria of Gliicksbourg, of her Highness the Duchess Caroline 
Charlotte Marianne of Mecklenburg-Strelitz, of her High- 
ness the Dowager Duchess Louise Caroline of Gliicksbourg, 
of his Highness Prince Frederick of Hesse, of their Royal 



TREATY OF VIENNA, 1864 . 207 

Highnesses the Princesses Charlotte, Victoria and Amelia 
of Schleswig-Holstein-Sonderbourg-Augustenbourg. 

The quota of this payment falling to the charge of the 
Duchies according to the proportion of their populations, 
shall be reimbursed to the Danish Government by that of 
the Duchies. 

The Commission mentioned in the preceding article shall 
be also responsible for making the arrangements necessary 
for the execution of the present Article. 

ARTICLE XVII. The new Government of the Duchies 
succeeds to the rights and obligations resulting from con- 
tracts regularly stipulated by the administration of His 
Majesty the King of Denmark for the objects of public 
interest specially concerning the countries ceded. 

It is understood that all the obligations resulting- from 
contracts stipulated by the Danish Government in relation 
to the war and to the federal execution are not included 
in the preceding stipulation. 

The new Government of the Duchies shall respect every 
right legally acquired by individuals and civilians in the 
Duchies. 

In the case of disputed claims the tribunals shall investi- 
gate affairs in this category. 

ARTICLE XVIII. The original natives of the ceded 
territories, being members of the Danish Army or Navy, 
shall have the right of being liberated immediately from 
military service and of returning to their homes. 

It is understood that those among them who shall 
remain in the service of his Majesty the King of Denmark, 
shall not be in any way molested for that reason either in 
regard to their persons or to their property. 

The same rights and guarantees shall be severally 
secured to civil employees, natives of Denmark or of the 
Duchies, who shall manifest their intention of leaving the 
posts they occupied either in the service of Denmark or 
of the Duchies, or who shall prefer to retain their situations. 

ARTICLE XIX. The subjects domiciled on the territories 
ceded by the present Treaty shall, during the space of 
6 years from the day of the exchange of ratifications of 
the present Treaty and after making a previous declaration 
to the competent authority, have the full and complete 
power to export their movable property, free of duty, and 
to withdraw with their families into the States of his 



208 THE DANISH DUCHIES 



Danish Majesty, in which case they shall retain their status 
as Danish subjects. They shall be free to keep their real 
estate situated on ceded territory. 

The same facilities are granted reciprocally to Danish 
subjects and to natives of the ceded territories who are 
settled in the States of his Majesty the King of Denmark. 

The subjects who shall make use of the facilities here 
stated shall not be subjected, as a result of their choice, 
to any molestation on the one part or on the other, either 
in regard to their persons or in regard to their property 
situated in the respective states. 

The above-mentioned delay of 6 years shall apply also 
to the native subjects of the Kingdom of Denmark as well 
as to those of the ceded territories who, at the time of the 
exchange of ratifications of the present Treaty, shall find 
themselves to be outside the territory of the Kingdom of 
Denmark or of the Duchies. Their declaration can be 
received by the nearest Danish mission or by the superior 
authority of any province of the Kingdom or of the Duchies. 

The rights of citizenship, not only in the Kingdom of 
Denmark but also in the Duchies, are preserved for all 
individuals who hold them at the time of the exchange 
of ratifications of the present Treaty. 

ARTICLE XX. The deeds of property, documents of the 
administration and civil justice, concerning the ceded 
territory which are in the archives of the Kingdom of 
Denmark shall be dispatched to the Commissioners of the 
new Government of the Duchies as soon as possible. 

Similarly, all those portions of the archives of Copenhagen 
which have belonged to the ceded Duchies and have been 
extracted from their archives shall be delivered to them 
with the rolls and registers relative to them. 

The Danish Government and the new Government of 
the Duchies pledge themselves reciprocally to produce, on 
the request of the superior administrative authorities, all 
the documents and information relative to matters concern- 
ing alike Denmark and the Duchies. 

ARTICLE XXI. The commerce and navigation of Den- 
mark and the ceded Duchies shall reciprocally in both 
countries enjoy the rights and privileges of the most 
favoured nation, until special Treaties shall be drawn up 
to regulate these matters. 

The exemptions and facilities with regard to the rights 



TREATY OF VIENNA, 1864 209 

of transit which in virtue of Article II of the Treaty of 
March 14, 1857, 1 have been granted for merchandise passing 
along the roads and canals which connect or will connect 
the Sea of Ford with the Baltic Sea shall be applicable for 
merchandise crossing the Kingdom .and the Duchies by 
any means of communication whatsoever. 

ARTICLE XXII. The evacuation of Jutland by the allied 
troops shall be effected with the shortest possible delay, 
at the latest in the space of 3 weeks after the exchange of 
ratifications of the present Treaty. 

The special dispositions relative to the evacuation are 
contained in a Protocol annexed to the present Treaty. 2 

ARTICLE XXIII. In order to contribute to the utmost 
to the pacification of the inhabitants, the High Contracting 
Parties declare and promise that any individual implicated 
at the time in recent events, of whatever class or condition 
he may be, shall not be pursued, molested, or disturbed 
in regard to his person or his property by reason of his 
conduct or of his political opinions. 

ARTICLE XXIV. The present Treaty shall be ratified 
and its ratifications shall be exchanged at Vienna within 
the space of 3 weeks or sooner if possible. 

In testimony whereof the respective Plenipotentiaries 
have signed it and have affixed thereto the seal of their 
arms. 

Done at Vienna the 30th day of the month of October, 
in the year of Our Lord 1864. 

(L.S.) QUAADE. (L.S.) WERTHER. 

(L.S.) KAUFFMANN. (L.S.) BALAN. 

(L.S.) RECHBERG. 

(L.S.) BRENNER. 

1 See State Papers, vol. xlvii, p. 24. 

* For Protocol, see State Papers, vol. liv, p. 531. 



1003 



CHAPTER VII 
THE UNION OF ITALY 

Vienna Congress Treaty and Italy Swiss Neutrality Chablaia 
and Faucigny Italy in the Eighteenth Century Napoleonic 
Period Movements of 1848 and 1849 War of 1859 Pre- 
liminaries of Villafranca Congress proposed Plebiscites in 
the Duchies Peace of Zurich Failure of proposal for Congress 

Lord John Russell's dispatch Proposed Italian Confedera- 
tion The Duchies Sardinian Annexations Cession of Savoy 

Annexation of Naples Kingdom of Italy War of 1 866 
Mediation of France Treaty of Prague Treaty of Vienna ( 1 866) 

Plebiscite in Venetia Rome as capital of Italy. 

Texts .> The Treaty of Zurich (1859) The Treaty of Vienna, 1866. 

THE territories, with their boundaries, appertaining to 
Sardinia and to Austria, were indicated in Articles LXXXV 
onwards of the Congress Treaty of Vienna of 1815 (see 
p. 79). Amongst others, the States which constituted the 
former Republic of Genoa were assigned to Sardinia, and 
to Austria the territories of Venetia and Lombardy. 

The neutrality of Switzerland was guaranteed by the 
eight Powers in a Declaration signed at Vienna on March 20, 
1815. This Declaration formed Annex XI A to the Vienna 
Congress Treaty. The Swiss Confederation accepted this 
Declaration by an Act signed at Zurich May 27, 1815, 
forming Annex XI B to that Treaty. Article XCII of the 
Congress Treaty declared that the Provinces of Chablais 
and Faucigny and the territory of Savoy to the north of 
Ugine, belonging to the King of Sardinia, should form 
part of the neutrality of Switzerland as so guaranteed. 
Article CIII restored territories to the Holy See, and 
Article CIV restored King Ferdinand IV and his heirs to 
the throne of Naples and acknowledged him as King of 
the Two Sicilies. 




THE 

UN ION OF ITALY 
I859-7O 



Piedmont Santinis in April 
Aildtd in November I8S9 
AJdc.il in March I860 
Addtd October November if 60 
Added October IB66 
Addeo October 1870 
Lost March IB6O 

istricts claimut ty Italy IBIt 



P 2 



212 THE UNION OF ITALY 

The condition of Italy in the eighteenth century may be 
briefly summed up. Her people were sunk in apathy 
under the rule of foreign princes, who, with the exception 
perhaps of the Habsburg line in Tuscany, entertained 
a complete disregard for their welfare. In Savoy and 
Piedmont there was a semblance of national life, because 
the rulers were native and governed with commendable 
uprightness : territorial expansion was their constant 
ambition. Following on the war of the Spanish Succession, 
Austria (1713) had succeeded to the Spanish dominions in 
Italy, and though in 1738 she surrendered the Two Sicilies 
to the Spanish Bourbon line, she remained the dominant 
power, controlling the smaller States. In South Italy 
misgovernment produced a constant ferment of discontent. 
The Papal States, under clerical government, were in 
a deplorable condition, and, as in South Italy, the well- 
being of the people was neglected. It was the Napoleonic 
invasions which first stirred the lethargic mass into con- 
sciousness of a common life. In 1796 the French Army 
first entered Italy, driving the Austrians before them, 
and establishing republics or annexing territory to France. 
Napoleon's second invasion in 1800 resulted in the defeat 
of the Austrians, and in due course led to his own acquisi- 
tion of the Crown of Italy. 

After the fall of Napoleon came the Congress of Vienna, 
and the territorial and constitutional arrangements above 
alluded to. Nevertheless matters did not greatly mend. 
The former rulers resumed ascendancy, the old privileges 
of nobles and clergy were restored, with the old abuses ; 
but Italy, profiting by past experience, no longer submitted 
tamely. Revolutions recurred at intervals, both in Northern 
and Southern Italy as well as in the Papal States. In 1848, 
at a time of general unrest in Europe, Lombardy and Venice 
revolted, and being supported by Sardinia, war with 
Austria ensued. The latter was eventually victorious, and 
on August 6, 1849, a Treaty of Peace was concluded at 



WAR OF 1859 2I 3 

Milan between Austria and Sardinia 1 (the Dukes of 
Modena and Parma afterwards acceding to it), wherein 
the boundaries of Sardinia were declared to be those speci- 
fied in Article LXXXV of the Congress Treaty of Vienna. 
No prospect of success to the efforts of Sardinia to shake 
off the Austrian yoke manifested itself until 1858, when 
Sardinia and France, each animated by interests of her 
own, approached the question in concert, and it became 
manifest in the early days of 1859 that war between those 
two Powers and Austria was imminent. 

The Swiss Government, while declaring their neutrality 
in the event of war, were much exercised in mind over the 
question whether the passage of French troops into Pied- 
mont by the Victor Emmanuel Railway, which passed 
through a portion of the neutral territory, would be deemed 
to be a breach of the neutrality declared by the Congress 
Treaty of 1815. They held, however, that the negotiators 
of that treaty did not intend to cut off communication 
with Piedmont, otherwise they would have included in 
the neutral territory the then existing road to Chambery. 
They therefore decided to raise no obstacle to the use of 
the railway by French troops in transit. 2 But the ques- 
tion did not assume an acute form. Proposals were then 
made, originating with Russia, and supported by Great 
Britain, for assembling a Congress of the Powers to consider 
the relations between Austria and Sardinia with a view 
to averting war, the questions for discussion being the 
evacuation of the Papal States by the armies of Austria 
and France, the reform of the Papal and other Govern- 
ments, the safeguarding of Sardinia against invasion by 
Austria, and the substitution of a new arrangement for 
ensuring the internal security of the smaller States, in lieu 
of the Austrian Treaties of 1847.* It was suggested that 
this arrangement should take the form of a confederation 

1 State Papers, vol. xxxviii, p. 1239. 

1 Ibid., vol. Ivii, pp. 170-2. * Ibid., vol. Ivii, pp. 176 ff. 



214 THE UNION OF ITALY 

of the smaller Italian States. The treaties here alluded 
to were the Treaty of Offensive and Defensive Alliance 
between Austria and Modena of December 24, 1847, for 
mutual assistance in case of attack, and a similar treaty 
between Austria and Parma of February 4, I848. 1 But so 
many difficulties arose in the course of the negotiations as to 
what States were to be admitted and what points discussed, 
that the idea of settling the questions at issue by means 
of a Congress was finally abandoned ; and Austria, after 
addressing an ultimatum to Sardinia requiring her to 
disarm, declared war against that Power on April 28, 
i859. 2 The Grand Duke of Tuscany and the Duke of 
Modena thereupon abandoned their respective Duchies 
and joined the Austrian forces. The Emperor of Austria's 
manifesto declaring war laid all the blame upon Sardinia, 
who, it was stated, notwithstanding the moderation of 
Austria in not annexing territory on the conclusion of 
Peace in 1849, had ever since agitated by all the expedients 
of perfidy against the peace and welfare of the Lombardo- 
Venetian Kingdom. The Italian proclamation announcing 
war with Austria, dated April 29, 1859,* accused Austria 
of refusing the proposed Congress and of attacking Piedmont 
because she had advocated the cause of the Italians in the 
Councils of Europe : Austria had thus violently broken 
the treaties which she had never respected. On May 3, 
France declared war against Austria. 

The French and Sardinian armies thereupon invaded 
Lombardy, defeated the Austrians at Magenta (June 4, 
1859), an d subsequently at Solferino (June 24, 1859). 
France, mindful of the dangers which threatened in the 
event of a continuance of the war, with the reluctant 
acquiescence of Sardinia, then signed Preliminary Articles 
of Peace with Austria at Villafranca on July u, 1859.* 

1 Slate Papers, vol. xxxvi, pp. 1169-71. 

* Ibid., vol. Ivii, p. 228. Ibid., vol. Ivii, p. 236. 

Ibid., vol. xlix, p. 362. 



PRELIMINARIES OF VILLAFRANCA 215 

These Preliminaries declared that the two sovereigns 
favoured the creation of an Italian Confederation under 
the honorary presidency of the Holy Father ; that Austria 
ceded to France her rights over Lombardy ; that France 
should present the ceded territory to Sardinia ; that 
Venetia should form part of the Italian Confederation, 
whilst remaining subject to the Crown of Austria ; that 
the Grand Duke of Tuscany and the Duke of Modena 
should return to their States ; and that the Pope should 
be requested to introduce reforms in his territories. 

A definitive Peace was signed at Zurich on November 10, 
1859. There were in fact three treaties signed on that 
day, one between Austria and France, one between France 
and Sardinia, and one between Austria, France, and 
Sardinia conjointly. 1 The Plenipotentiaries who negotiated 
these treaties met at Zurich in August 1859. 

Before examining the provisions of these treaties it will 
be convenient to detail briefly the international discussions 
which were entered upon immediately on the signature 
of the preliminaries of peace, and which were continued 
until the month of January i86o. 2 

As soon as the Preliminaries of Villafranca had been 
signed, Great Britain, always mindful of the true interests 
of Italy and also, no doubt, of her own interest in the 
preservation of peace in Europe, inquired of the British 
Ambassador at Paris what were the arrangements therein 
made, what arrangements remained to be considered, and 
what means were in contemplation for carrying the pro- 
posed arrangements into effect. Lord Cowley, the Ambas- 
sador in question, furnished the substance of the Prelimi- 
naries, as given above. He stated that the details for 
carrying them into effect must, in the opinion of the French 
Government, emanate from a congress or conference of 
the Powers. The French Government were further of 

1 State Papers, vol. xlvii, pp. 364, 371, 377. 
' Ibid., vol. xlix, pp. 87-361. 



216 THE UNION OF ITALY 

opinion that it should be optional for all the Italian sove- 
reigns to join or not to join the proposed Confederation, 
that the French troops should leave Rome on the formation 
of the Confederation, and that neither Austrian nor French 
troops should occupy the Legations. 1 

Great Britain was opposed to the idea of a Confedera- 
tion such as. was suggested, on the ground that it would 
rivet more firmly the preponderance of Austria which it 
was the object of the late war to put an end to. 2 She was 
also opposed to the employment of force for the re-estab- 
lishment of the former rulers of Tuscany, Modena, &c., 
upon their respective thrones. The Pope was opposed to 
reforms which included lay government in the Legations, 
although His Holiness offered reforms which, on examina- 
tion, were deemed to be of little value. Tuscany was 
opposed to the return of the Grand Ducal family to the 
throne, which could only be maintained by the assistance 
of foreign bayonets. Russia declined to take the initiative 
in calling together a congress, but would not refuse to 
take part in it provided that both England and Prussia 
did so. Other Powers also entertained special views on 
particular points. 

On August 16, 1859, the Tuscan Assembly voted unani- 
mously that they could neither recall nor receive the Austrian 
dynasty of Lorraine to reign again in Tuscany. On the 
2oth of the same month they voted, also unanimously, in 
favour of annexing the Grand Duchy to Piedmont under 
the sceptre of King Victor Emmanuel. 

In the same way, the National Assembly of Modena 
voted unanimously on August 20, 1859, that the Duke of 
Modena was deposed from the throne of that Duchy and 
that no member of the House of Lorraine could be received 
to reign over it ; and on the following day they voted, 

1 The Legations were the twenty administrative divisions of the 
Papal States, governed by Legates. 

3 An interesting dispatch by Lord John Russell. See State Papers, 
vol. xlix, p. no. 



PEACE OF ZURICH 217 

also unanimously, the annexation of that Duchy to Pied- 
mont. The Duchy of Parma adopted a similar course. In 
the meantime temporary governments had been established 
in those Duchies, following on what was termed the deser- 
tion of their territories by their rulers to join the armies 
of their enemies. Romagna (Papal State) also set up a 
temporary government. 

All this time the negotiations between France and 
Austria at Zurich for the conclusion of a definitive peace 
were being slowly and laboriously carried on in the face 
of the difficulties created by the divergent views of the 
Powers in connexion with the proposed congress and by 
the action of the Italian States. 

At length, before any final decision was arrived at con- 
cerning the meeting of the congress (though its acceptance 
was confidently expected), the three treaties above speci- 
fied were signed at Zurich on November 10, 1859, an( ^ tne 
ratifications of them were exchanged on the 2ist of that 
month. In their main provisions these treaties were 
a mere reproduction of the Preliminaries of Villafranca. 

The preamble of the Treaty between Austria and France 
declared its object to be to put an end to the calamities 
of war and to prevent the recurrence of the complications 
which gave rise to it by assisting to place on solid and 
durable bases the internal and external independence of 
Italy. Article IV of the treaty provided for the cession 
of Lombardy by Austria to France, except the fortresses 
of Peschiera and Mantua, &c., and described the new 
frontiers. Article V recorded the intention of France to 
band over to Sardinia the territory thus ceded. By 
Article XVIII the contracting parties engaged to make 
every effort to encourage the creation of a Confederation 
amongst the Italian States under the honorary presidency 
of the Pope; Venetia, whilst remaining subject to the 
Crown of Austria, was to form one of the States of the Con- 
federation. Article XX declared that France and Austria 



2i8 THE UNION OF ITALY 

would unite their efforts to obtain from the Pope that the 
necessity of introducing indispensable reforms should be 
taken into serious consideration. All the foregoing stipula- 
tions were also contained in the Preliminaries of Villaf ranca. 
With regard to the restoration of the Grand Duke of 
Tuscany and the Duke of Modena, the idea was rather 
differently expressed : the Preliminaries said, ' The Grand 
Duke of Tuscany and the Duke of Modena return to their 
States, granting a general Amnesty '; the Treaty (Article 
XIX) said, ' As the Territorial delimitations of the Inde- 
pendent States of Italy who took no part in the late war 
can be changed only with the sanction of the Powers who 
presided at their formation and recognized their existence, 
the Rights of the Grand Duke of Tuscany, of the Duke of 
Modena and of the Duke of Parma are expressly reserved 
for the consideration of the High Contracting Parties '. 

The remaining Articles of the Treaty had reference to 
prisoners of war, restoration of certain captured vessels, 
portions of public debt and contracts to be taken over 
by Lombardy, and other financial arrangements, railways, 
freedom of inhabitants to remove from ceded territory, 
military and civil servants, archives, religious societies, 
non-molestation of individuals in person or property, and 
such-like. 

The Treaty between France and Sardinia (Article I) 
recited Article IV of the above treaty and transferred to 
Sardinia the rights over Lombardy acquired by France 
under that Article. By Article II Sardinia accepted those 
rights and the charges and conditions consequent thereupon 
as indicated, which were also recited in that Article (Articles 
VII to XVI of the Franco- Austrian Treaty). 

The Treaty between Austria, France, and Sardinia 
followed somewhat on the lines of the first Treaty (Austria 
and France), with the exception of the stipulations respect- 
ing the proposed Italian Confederation, the reinstatement 
of the Dukes and the reforms to be required of the Pope, 



PROPOSED CONGRESS A FAILURE 219 

concerning which the treaty is silent ; and with the addi- 
tion of stipulations for the renewal of treaties between 
Austria and Sardinia subject to revision and their extension 
to the ceded territories, the free navigation of the Lake of 
Garda and the River Po, the conclusion of a convention 
for the prevention of smuggling, and kindred matters as 
between Austria and Sardinia. 

It is to be observed that Sardinia was in no way bound 
by or concerned in the provisions relating to the establish- 
ment of an Italian Confederation, the restoration of the 
Grand Duke of Tuscany and the Dukes of Modena and 
Parma, or the introduction of reforms in the Papal States, 
arranged for in the Preliminaries of Villafranca and in 
the Franco-Austrian Treaty of Zurich. Those stipulations 
affected France and Austria alone. 

It is evident that the negotiations at Zurich contemplated 
the submission of these several questions to a congress of 
the Great Powers, but this congress never took place. 
Invitations to attend it were issued by France and Austria, 
Paris was accepted as the seat of its deliberations, and the 
date of its assembling was approximately fixed for January 
1860. Austria and the Pope, however, intervened in such 
a manner as to render further action by the Powers impos- 
sible. The circumstances under which this occurred are 
thus set forth in a dispatch of January i, 1860, from the 
British Ambassador at Paris to Lord John Russell * : 

' Your Lordship will have been informed . . . that the 
projected meeting of the Congress on Italian affairs has 
been indefinitely postponed. A pamphlet published in 
Paris under the title of " Le Pape et le Congres " which 
has created too much stir in the political world not to have 
attracted your Lordship's attention, is the indirect cause 
of the postponement. The Austrian Government, it appears, 
requires an engagement on the part of the French Govern- 
ment neither to bring before the Congress themselves the 
measures of which the pamphlet is the advocate, nor to 
1 Stale Papers, vol. xlix, p. 361. 



220 THE UNION OF ITALY 

support them if brought forward by others. The French 
Government hesitate at entering into any such engage- 
ment, and Austria, in consequence, declines appearing at 
the Congress that is, she declares that she will not assist 
at a Congress in which the Pope is not represented ; and 
it would seem that, although nothing official has as yet 
been received from Rome, the intention of the Pope is to 
require the engagement to which I have alluded above 
before he will send a Plenipotentiary to Paris.' 

The proposal for a congress therefore came to nothing. 

It has been related above, in connexion with the 
Treaty of Peace signed at Zurich between Austria and 
France on November 10, 1859, h w & was t* 16 object of 
that treaty (amongst other things) to establish an Italian 
Confederation and to provide for the return of the Austrian 
Dukes to their territories in Tuscany, Modena, and Parma 
respectively, and how the congress which was to have 
regularized these proposals proved abortive. 

As Sardinia was not a party to these arrangements, and 
as they did not materialize by means of a congress or 
otherwise, this Power was left with a more or less free 
hand in the disposal of her destinies. 

In the course of the exchange of views which continued 
to take place between the Powers, it was manifested that 
England and France were opposed to the principle of the 
employment of force in carrying out the proposals of 
Zurich if those proposals were antagonistic to the wishes 
of the populations concerned ; and the French Govern- 
ment did not fail to impress upon that of Austria the fact 
that such a principle was contrary to French policy and 
practice. 1 In the early months of 1860, therefore, votes 
by universal suffrage were obtained, in favour of annexa- 
tion to Sardinia, in the provinces of Emilia Bologna, 
Ferrara, Forli, Massa and Carrara, Modena, Parma, 
Piacenza, Ravenna and Reggio which were States of the 
Church, and in Tuscany. Acting in accordance with the 
January 31, 1860. State Papers, vol. 1, p. 542. 



ANNEXATIONS 221 

will of the people thus declared, the King of Sardinia, by 
Decrees dated the i8th and 22nd March, i860, 1 annexed 
those territories to his dominions. 

The Duke of Modena protested (March 22) against the 
annexation of Modena ; the Grand Duke of Tuscany pro- 
tested (March 24) against the annexation of Tuscany ; 
the Duchess Regent of Parma protested (March 28) against 
the annexation of Parma 2 ; and the Pope protested 
(March 24) against the annexation of the Romagna, &c. 3 

Already, before these events had taken place, hints had 
been thrown out by France in the diplomatic correspon- 
dence, and comments had even appeared in the public press 
of that country, to the effect that the creation of a strong 
Italian State would constitute a grave danger to France 
in the existing position of her frontiers, and that a rectifica- 
tion of her boundaries in the direction of Savoy would 
become essential in order to safeguard her from attack. 
The idea of the cession of Savoy and Nice to France was 
in fact discussed by France and Sardinia before the out- 
break of the war in 1859, when it was hoped that Venetia 
would be acquired by Sardinia. When this failed, the idea 
was abandoned, but resuscitated later on. When rumours 
of the proposed cession began to assume a more concrete 
form, the British Government warned France of the 
dangers which were to be apprehended should a serious 
attempt be made to bring about the annexation of Savoy 
and Nice to France. 4 Nevertheless the scheme matured, 
and early in March 1860, France addressed a long reasoned 
statement to Great Britain and other Powers 5 setting 
forth the necessity for the proposed action and expressing 
the hope that her motives would be appreciated. Great 
Britain did not altogether appreciate them, but her reply 

1 Stale Papers, vol. Ivii, p. 1029. 

1 Ibid., vol. Ivii, pp. 1030, 1033, 1037. 

3 Hertslet, Map of Europe by Treaty, p. 1422. 

' See State Papers, vol. 1, pp. 457, 474, 604. 

6 State Papers, vol. 1, p. 600. 



222 THE UNION OF ITALY 

to the French statement, though controverting its argu- 
ments and assertions, did not actually amount to a protest, 
a fact which the French Government were not slow in 
making a note of. Thus, on March 24, 1860, in the midst 
of the Sardinian annexations and the protests of the 
Dukes and of the Pope, a treaty was concluded at Turin 
between France and Sardinia for the annexation of Savoy 
and Nice to France. 1 The second article of this treaty 
declared that as Sardinia could only transfer the neutra- 
lized parts of Savoy on the conditions upon which she 
herself possessed them, it devolved upon the Emperor of 
the French to come to an understanding with the Vienna 
Congress Powers and with Switzerland on the subject. 
Switzerland, of course, protested against the cession, and 
appealed to the neutrality articles of the Vienna Congress 
Treaty. A conference was then proposed for the purpose 
of reconciling Article XCII of the Congress Treaty with 
Article II of the Treaty of Turin ; the conference did not, 
however, take place, but in due course the new boundaries 
between France and Sardinia were established. 

Towards the end of 1860 the King of Sardinia entered 
Naples (the way having been paved for him by Garibaldi), 
and, annexation having been voted by plebiscite, assumed 
the title of King. On March 17, 1861, His Majesty, by a law 
passed by the Sardinian Chambers, assumed the title of 
King of Italy. 

The next serious push in the direction of the unification 
of the Italian peninsula was made in 1866, when Italy 
took advantage of the strained relations then existing 
between Austria and Prussia (dealt with in another place in 
connexion with the Treaty of Prague, pp. 241-51) to make a 
further effort for the emancipation of Venetia from Austria. 
Three burning questions at that time agitated Europe : 
the Venetian question as between Austria and Italy, the 
Danish Duchies question as between Austria and Prussia, 
1 State Papers, vol. 1, p. 412. 



WAR OF 1866 223 

and the question of the reform of the Germanic Confedera- 
tion as between Austria, Prussia, and other German States. 
The armies of the several countries concerned were placed 
upon a war footing, and hostilities appeared imminent. 
An attempt was made by Great Britain, France, and 
Russia to convene a conference to discuss the questions at 
issue in the hope of averting war. Austria alone refused 
the conference, that is to say she attached to her accept- 
ance of it a condition that no questions of territorial 
aggrandizement should therein be raised. This put an end 
to all discussion on the principal points in dispute, and 
once more, therefore, the idea of arriving at a peaceful 
solution of the existing difficulties had to be abandoned. 

Italy entered into an alliance with Prussia in May 1866, 
and on the collapse of the proposal for a conference in the 
following month war was the inevitable and almost immedi- 
ate result. On June 17 an Austrian manifesto of war with 
Prussia and Italy was issued ; on the i8th a Prussian 
manifesto of war with Austria ; and on the igth and 2oth 
an Italian manifesto and declaration of war with Austria. 1 

The war was of short duration. Although Austria gained 
some successes against the Italian forces both on land and 
at sea, she was entirely defeated by the Prussians, and an 
opening was afforded to the Emperor of the French to 
step in as mediator between the contending parties. France 
obtained from Austria an undertaking to cede to her the 
Lombardo- Venetian Kingdom, to be by her handed over 
to Italy ; and on July 14, 1866, France submitted to 
Austria and Prussia a draft of Preliminaries of Peace for 
their consideration and adoption. The first stipulation of 
this draft was that the integrity of the Austrian Empire, 
with the exception of Venetia, should be maintained. 2 
Preliminaries on the lines of the French proposal were 
signed at Nikolsburg on July 26, 1866, between Prussia 

1 State Papers, vol. Ixiii, pp. 580, 584, 585, 587. 

* De Clercq, Recueil des Traites de la France, vol. ix, p. 599. 



224 THE UNION OF ITALY 

and Austria, Prussia undertaking to obtain the concur- 
rence of Italy in them ' as soon as the Venetian Kingdom 
should have been put at the disposal of the King of Italy 
by a Declaration of His Majesty the Emperor of the French '. 

On August ii the Emperor of the French addressed 
a letter to the King of Italy in which the following passage 
occurred : ' Your Majesty is aware that I accepted the 
offer of Venetia in order to preserve her from devastation 
and to prevent a useless effusion of blood. My object 
always was to restore her to herself, to the end that Italy 
should be free from the Alps to the Adriatic. Mistress of 
her destinies, Venetia will soon be in a position, by means 
of universal suffrage, to give expression to her desires. 
Your Majesty will acknowledge that under these circum- 
stances the action of France has once more been exercised 
in the interests of humanity and the independence of the 
populations.' 1 

The somewhat unusual mode of procedure above indi- 
cated was probably adopted as a compromise to meet the 
unwillingness of Austria to cede Venetia directly to Italy 
and the reluctance of Italy to accept the territory as a gift 
from France. 

By Article II of the Treaty of Prague of August 23, 1866 
(the Peace between Austria and Prussia), it was recorded 
that the Emperor of the French had officially declared 
through his Ambassador at Berlin : ' that in so far as regards 
the Government of the Emperor, Venetia is secured to 
Italy, to be made over to her at the peace ' ; and conse- 
quently that the Emperor of Austria acceded on his part 
to that declaration, and gave his consent to the union 
of the Lombardo-Venetian Kingdom with the Kingdom 
of Italy. 2 

The Treaty of Peace between Austria and Italy was 
signed at Vienna on October 3, i866. 3 

1 De Clercq, vol. ix, p. 618. * See below, p. 248. 

State Papers, vol. Ivi, p. 700. 



TREATY OF VIENNA, 1866 225 

The preamble of this treaty declared that Austria had 
ceded the Lombardo- Venetian Kingdom to the Emperor 
of the French, who had recorded his willingness to recognize 
its union with Italy provided that the populations, being 
consulted, consented thereto ; the contracting parties had 
therefore agreed to the following Articles. 

Then came the usual peace and friendship Article and that 
for the mutual delivery of prisoners of war. Articles III 
and IV declared the consent of Austria to the union of the 
Lombardo- Venetian Kingdom to Italy ; the boundaries 
to be the actual administrative confines of the ceded 
territory, to be traced by a military commission. There- 
upon followed stipulations for evacuation of ceded territory, 
responsibility for certain debts, payments to Austria on 
account of loan of 1854, and for the price of non-transport- 
able war material, the taking over of Austrian contracts, 
railway concessions, &c., the mutual reimbursement of 
monies paid into public banks, the administrative separa- 
tion of Venetian and Austrian railways, and so forth. 
Article XIII provided for the extension of railways to unite 
the Italian and Austrian networks. Article XIV empowered 
inhabitants on either side to remove, free from molestation, 
from or into the respective territories with their movable 
property, while retaining their immovable property. 
Article XV onwards dealt with persons in the military or 
civil services, giving the option of remaining ; with the pay- 
ment of pensions ; with the delivery of judicial, political, and 
historical documents ; with customs and trade facilities on 
the frontiers ; with the renewal of treaties, &c. Article XXII 
restored to Princes and Princesses of the House of Austria 
their personal and real estates, reserving, nevertheless, all 
the rights of the State and of individuals to be prosecuted 
by legal means. Article XXIII granted a full and entire 
amnesty for all individuals compromised on account of 
political events in the past. 

These were the principal stipulations of the treaty, to 

1003 



226 THE UNION OF ITALY 

which an additional Article was appended fixing the 
periods of payments to be made by Italy in respect of the 
Monte-Lombardo debt and in respect of war material. 

The ratifications of the treaty were exchanged at Vienna 
on October 12, 1866. 

On the igth of the same month a ' Proces- verbal ' was 
drawn up at Venice and signed by the French Commissioner 
and other members of the commission, whereby Venetia 
was delivered to the Venetians ' in order that the popula- 
tions, mistresses of their destinies, might express freely, 
by universal suffrage, their wishes on the subject of the 
annexation of Venetia to the Kingdom of Italy '.* 

The vote above alluded to was taken on October 21 and 22, 
1866, and resulted almost unanimously in favour of annexa- 
tion to Italy. On November 4 following, an Italian decree 
was promulgated annexing Venetia to the Kingdom of 
Italy. 

It may here be recorded in conclusion that the seat of 
the Italian Government and Court (which had been trans- 
ferred from Turin to Florence in 1865) was, after the final 
withdrawal of the French troops from Rome in 1870, 
removed to that capital in the year 1871. 

TREATY OF PEACE BETWEEN AUSTRIA, FRANCE, AND 
SARDINIA. SIGNED AT ZURICH, IOTH NOVEMBER, 
i859- 2 

(Translation as presented to Parliament.) 

ARTICLE I. There shall be from the date of the day of 
the exchange of the Ratifications of the present Treaty, 
Peace and Amity between His Majesty the Emperor of 
Austria and His Majesty the King of Sardinia, their heirs 
and successors, their respective States and subjects, in 
perpetuity. 

ARTICLE II. The Austrian and Sardinian Prisoners of 
War shall be immediately returned on either part. 

1 De Clercq, vol. ix, p. 619. 

* French version in State Papers, vol. xl, p. 377. 



TREATY OF ZURICH, 1859 227 

ARTICLE III. In pursuance of the Territorial Cessions 
stipulated in the Treaties concluded this day between His 
Majesty the Emperor of Austria and His Majesty the 
Emperor of the French, on one side, and His Majesty the 
Emperor of the French and His Majesty the King of 
Sardinia on the other, the Delimitation between the Italian 
Provinces of Austria and Sardinia shall in future be as 
follows : 

The Frontier, starting from the Southern Boundary of 
the Tyrol, on the Lake de Garda, will follow the middle 
of the Lake as far as the height of Bardolino and Manerba, 
whence it will meet, in a straight line, the point where the 
circle of defence of the Fortress of Peschiera intersects the 
Lake of Garda. 

It will follow the circumference of this circle, the radius 
of which, reckoned from the centre of the Fortress, is fixed 
at 3,500 metres, plus the distance from the said centre to 
the glacis of the most advanced Fort. From the point of 
intersection of the circumference thus designated with the 
Mincio, the Frontier will follow the thalweg of the river 
as far as Le Grazie ; will stretch from Le Grazie, in a straight 
line, to Scorzarolo ; will follow the thalweg of the Po as 
far as Luzzara, beyond which point no change is made in 
the Boundaries such as they existed before the War. 

A Military Commission, appointed by the High Con- 
tracting Parties, will be charged with the duty of tracing 
the Boundary with the least possible delay. 

ARTICLE IV. The Territories still occupied in virtue of 
the Armistice of the 8th of July last shall be reciprocally 
evacuated by the Austrian and Sardinian Troops, who shall 
immediately retire beyond the Frontiers determined by 
the preceding Article. 

ARTICLE V. The Government of His Majesty the King 
of Sardinia shall take upon itself three-fifths of the Debt 
of the Monte Lombardo-Veneto. 

It shall equally undertake a portion of the National Loan 
of 1854, fixed between the High Contracting Parties at 
40,000,000 florins, ' monnaie de Convention '. 

ARTICLE VI. With regard to the 40,000,000 florins 
stipulated in the preceding Article, the Government of 
His Majesty the Emperor of the French renews the engage- 
ment which it has entered into with the Government of 
His Majesty the Emperor of Austria, to effect the Payment 

Q2 



228 THE UNION OF ITALY 

of it according to the manner determined in the Additional 
Article to the Treaty signed this day between the two 
High Contracting Powers. 

On the other hand, the Government of His Majesty the 
King of Sardinia puts again on record the engagement 
which it has contracted by the Treaty likewise signed 
to-day between Sardinia and France, to reimburse this 
sum to the Government of His Majesty the Emperor of 
the French, according to the manner stipulated in Article III 
of the said Treaty. 

ARTICLE VII. A Commission, composed of Delegates of 
the High Contracting Parties, will be immediately formed, 
in order to proceed to the liquidation of the Monte Lom- 
bardo- Venetian Debt. The Division of the Debts and 
Credits of this establishment will be effected on the basis 
of three-fifths for Sardinia, and two-fifths for Austria. 
Of the Assets of the Sinking Fund of the Monte and its 
Deposits, consisting of public securities, Sardinia will receive 
three-fifths, and Austria two-fifths ; and as to that part 
of the Assets which consists of Lands or Mortgages, the 
Commission will effect the partition with reference to the 
situation of the Property in question, to allot such Property, 
as far as possible, to that one of the two Governments 
upon whose Territory it may be situated. 

As to the different categories of Debts inscribed up to 
4th June, 1859, in the Monte Lombardo-Veneto, and to 
the capital placed at interest in the deposit bank of the 
Sinking Fund, Sardinia undertakes three-fifths, and Austria 
two-fifths, either for the payment of the interest, or the 
reimbursement of the capital, in accordance with the 
regulations hitherto in force. The Credits of Austrian 
subjects shall come by preference into the quota of Austria, 
who shall, within 3 months after the exchange of Ratifica- 
tions, or sooner if possible, transmit to the Sardinian 
Government specific lists of these Credits. 

ARTICLE VIII. The Government of His Sardinian 
Majesty succeeds to the Rights and Obligations resulting 
from the Contracts regularly stipulated by the Austrian 
Administration in respect of all matters of public interests 
specially concerning the Territories ceded. 

ARTICLE IX. The Austrian Government will remain 
charged with the reimbursement of all Sums deposited by 
Lombard subjects, by the communes, by public establish- 



TREATY OF ZURICH, 1859 229 

ments and religious corporations, in the Austrian public 
Banks, by way of caution-money, deposits, or consign- 
ments. In like manner the Austrian subjects, communes, 
public establishments, and religious corporations who have 
deposited sums of money as caution-money, deposits, or 
consignments in the Banks of Lombardy, will be punctually 
reimbursed by the Sardinian Government. 

ARTICLE X. The Government of His Majesty the King 
of Sardinia acknowledges and confirms the concessions of 
Railways granted by the Austrian Government upon the 
Territory ceded in all their clauses, and during the whole 
duration of the concessions, and in particular the con- 
cessions made by Contracts dated i4th March, 1856, 
8th April, 1857, and 23rd September, 1858. 

From the day of the date of the exchange of the Ratifica- 
tions of the present Treaty, the Sardinian Government is 
invested with all the rights and subjected to all the obliga- 
tions appertaining to the Austrian Government in respect 
of the said concessions in all that relates to the railway 
lines situate on the Territory ceded. In consequence, the 
right of Devolution which belonged to the Austrian Govern- 
ment in regard to these Railways is transferred to the 
Sardinian Government. 

The Payments which remain to be made on the sum due 
to the State by the grantees by virtue of the Contract of 
I4th March, 1856, by way of equivalent for the expenses 
of making the said Railways, will be paid in their entirety 
to the Austrian Treasury. 

The credits of the Building Contractors and Tradesmen, 
and also the compensation money for land taken, so far 
as they may appertain respectively to the time when the 
Railways in question were administered for the account 
of the State, and which have not hitherto been paid, will 
be borne by the Austrian Government, and, in so far as 
they may be due from them by virtue of the concession, 
by the grantees in the name of the Austrian Government. 

A special Convention will regulate, with as little delay 
as possible, the international service of the Railways 
between Sardinia and Austria. 

ARTICLE XI. It is understood that the recovery of the 
Credits under paragraphs 12, 13, 14, 15, and 16 of the 
Contract of I4th March, 1856, shall not confer upon Austria 
any right of Control or Surveillance in the construction 



230 THE UNION OF ITALY 

and working of the Railways in the Territories ceded. 
The Sardinian Government undertakes, for its part, to 
furnish the Austrian Government with all the information 
which it may require on this head. 

ARTICLE XII. The Lombard Subjects domiciled ori the 
ceded Territory shall enjoy for the space of one year, 
commencing with the day of the exchange of the Ratifica- 
tions, and conditionally on a previous Declaration before 
the competent authorities, full and entire permission to 
export their Moveables, free of duty, and to withdraw 
with their families into the States of His Imperial and 
Royal Apostolic Majesty, in which case their quality of 
Austrian Subjects shall be retained by them. They shall 
be free to preserve their Immoveable property, situated on 
the Territory of Lombardy. 

The same permission is accorded reciprocally to Indi- 
viduals, Natives of the ceded Territory of Lombardy, estab- 
lished in the States of His Majesty the Emperor of Austria. 

The Lombards who shall profit by the present arrange- 
ments shall not be, on account of their choice, disturbed 
on one side or on the other, in their persons or in their 
properties situated in the respective States. 

The delay of one year is extended to two years, for the 
Subjects, Natives of the ceded Territory of Lombardy, 
who, at the time of the exchange of the Ratifications of 
the present Treaty, shall be beyond the Territory of the 
Austrian Monarchy. Their Declaration may be received 
by the nearest Austrian Mission, or by the superior authori- 
ties of any province of the Monarchy. 

ARTICLE XIII. The Lombard subjects forming part of 
the Austrian Army, with the exception of those who are 
natives of the part of the Lombard Territory retained by 
His Majesty the Emperor of Austria, shall be immediately 
set free from Military Service and sent back to their 
homes. 

It is understood that those who declare their wish to 
remain in the service of His Imperial and Royal Apostolic 
Majesty shall not be disturbed on that account, either in 
their persons or in their properties. 

The same guarantees are given to persons in Civil 
Employments, natives. of Lombardy, who shall manifest 
their intention of retaining the offices which they hold in 
the service of Austria. 



TREATY OF ZURICH, 1859 231 

ARTICLE XIV. Pensions, Civil as well as Military, 
regularly paid, and which were charged on the public 
revenue of Lombardy, remain in the possession of those 
who are entitled to them, and when there is occasion, to 
their widows and their children, and shall be paid in future 
by the Government of His Sardinian Majesty. 

This stipulation extends to the holders of Pensions, 
Civil as well as Military, as well as to their widows and 
children, without distinction of origin, who shall retain 
their domicile in the ceded Territory, and whose claims, 
paid up to 1814 by the ci-devant Kingdom of Italy, then 
fell to the charge of the Austrian Treasury. 

ARTICLE XV. The Archives containing the Titles of 
Property, and Documents connected with administration 
and civil justice, whether they relate to the part of Lom- 
bardy whose possession is reserved to His Majesty the 
Emperor of Austria, or to the Venetian Provinces, shall 
be handed over to the Commissioners of His Imperial and 
Royal Apostolic Majesty as soon as possible. 

Reciprocally the Titles of Property, and Documents 
connected with administration and civil justice, concern- 
ing the ceded Territory, which may be found in the Archives 
of the Emperor of Austria, shall be handed over to the 
Commissioners of His Majesty the King of Sardinia. 

The Governments of Sardinia and Austria bind them- 
selves to communicate reciprocally on the demand of the 
higher administrative authorities, all the documents and 
information relative to matters concerning at once Lom- 
bardy and Venetia. 

ARTICLE XVI. The Religious Corporations established 
in Lombardy, whose existence the Sardinian laws would 
not authorise, shall be free to dispose of their Property, 
both Moveable and Immoveable. 

ARTICLE XVII. All the Treaties and Conventions con- 
cluded between His Majesty the King of Sardinia and His 
Majesty the Emperor of Austria which were in force before 
the ist April, 1859, are confirmed in as far as they are not 
modified by the present Treaty. At the same time the two 
High Contracting Parties bind themselves to submit, 
within the term of a year, these Treaties and Conventions 
to a general revision, in order to introduce into them by 
common agreement, such modifications as shall be con- 
sidered in accordance with the interests of the two countries. 



232 THE UNION OF ITALY 

In the meanwhile these Treaties and Conventions are 
extended to the Territory recently acquired by His Majesty 
the King of Sardinia. 

ARTICLE XVIII. The Navigation of the Lake of Garda 
is free, except as regards the special regulations of the 
Ports and the Water Police. The liberty of Navigation 
of the Po and its affluents is maintained in accordance 
with the Treaties. 

A Convention designed to regulate the measures necessary 
to prevent and repress smuggling in these waters will be 
concluded between Sardinia and Austria, in the term of 
one year, to date from the exchange of the Ratifications 
of the present Treaty. In the meanwhile the arrangements 
stipulated in the Convention of the 22nd November, 1851, 
for the repression of smuggling on the Lake Maggiore, the 
Po, and the Ticino, shall be applied to the navigation ; 
and during the same interval no innovation shall be made 
in the regulations and the rights of navigation in force with 
regard to the Po and its affluents. 

ARTICLE XIX. The Sardinian Government and the 
Austrian Government bind themselves to regulate, by 
a special Act, all that relates to the ownership of, and the 
maintenance of the bridges and passages on the Mincio, 
where it forms the Frontier, and to such new buildings as 
may be made in that respect, the expenses which may 
result from them, and the taking of the Tolls. 

ARTICLE XX. Where the Valley of the Mincio shall 
henceforth mark the Frontier between Sardinia and 
Austria, the buildings intended for the rectification of the 
Bed and the Damming up of that River, or which shall 
be of a nature to alter its current, shall be made by common 
agreement between the two adjoining States. An ulterior 
arrangement will regulate this matter. 

ARTICLE XXI. The inhabitants of the adjoining districts 
shall enjoy reciprocally the Facilities which were formerly 
assured to the dwellers on the Banks of the Ticino. 

ARTICLE XXII. In order to contribute, with all their 
efforts, to the pacification of men's minds, His Majesty 
the King of Sardinia and His Majesty the Emperor of 
Austria declare and promise that, in their respective 
Territories, and in the Countries restored or ceded, no 
Individual compromised on the occasion of the late events 
in the Peninsula, of whatever class or condition he may 



TREATY OF ZURICH, 1859 233 

be, shall be prosecuted, disturbed, or troubled in his person 
or in his property, on account of his political conduct and 
opinions. 

ARTICLE XXIII. The present Treaty shall be ratified, 
and its Ratifications exchanged at Zurich in the space of 
15 days, or sooner if possible. 

In faith of which the respective Plenipotentiaries have 
signed and sealed it. 

Done at Zurich, on the loth day of the month of 
November, in the year of Grace, 1859. 

(L.S.) KAROLYI. 

(L.S.) MEYSENBUG. 

(L.S.) BOURQUENEY. 

(L.S.) BANNEVILLE. 

(L.S.) DES AMBROIS. 

(L.S.) JOCTEAU. 



TREATY OF PEACE BETWEEN AUSTRIA AND ITALY. SIGNED 
AT VIENNA, 3RD OCTOBER, I866. 1 

ARTICLE I. There shall be from the date of the exchange 
of the Ratifications of the present Treaty, Peace and 
Friendship between His Majesty the King of Italy and 
His Majesty the Emperor of Austria, their heirs and suc- 
cessors, their States and their respective subjects in 
perpetuity. 

ARTICLE II. The Italian and Austrian Prisoners of War 
shall be immediately delivered up on both sides. 

ARTICLE III. His Majesty the Emperor of Austria agrees 
to the Union of the Lombardo- Venetian Kingdom to the 
Kingdom of Italy. 

ARTICLE IV. The Frontier of the Ceded Territory is 
determined by the actual administrative confines of the 
Lombardo- Venetian Kingdom. 

A Military Commission appointed by the two Contract- 
ing Powers shall be entrusted with the execution of the 
tracing on the spot within the shortest possible delay. 

ARTICLE V. The evacuation of the Ceded Territory 

1 French version in State Papers, vol. Ivi, p. 700 ; Hcrtslet. vol. iii, 
No. 392. 



234 THE UNION OF ITALY 

determined by the preceding Article, shall begin immediately 
after the signature of Peace, and shall be terminated in the 
shortest possible delay, in conformity with the arrange- 
ments agreed upon between the Special Commissioners 
appointed to that effect. 

ARTICLE VI. The Italian Government will take upon 
itself : 

ist. The portion of the Monte Lombardo-Veneto which 
devolved upon Austria in virtue of the Convention con- 
cluded at Milan in 1860 for the execution of Article VII 
of the Treaty of Zurich ; 

2ndly. The Debts added to the Monte Lombardo-Veneto 
since the 4th of June, 1859, U P to the day of the conclusion 
of the present Treaty ; 

3rdly. A sum of 35,000,000 florins, Austrian currency, in 
cash, for the portion of the Loan of 1854, allotted to 
Venetia, and for the price of the non-transportable War 
Material. The manner of paying that sum of 35,000,000 
florins, Austrian currency, in cash, shall, in conformity with 
the precedent of the Treaty of Zurich, be determined in an 
Additional Article. 

ARTICLE VII. A Commission, composed of Italian, 
Austrian, and French Delegates, shall proceed to the 
liquidation of the different classes mentioned in the two 
first paragraphs of the preceding Article, taking into account 
the Sinking Fund already paid, and the Property, Assets, 
of every kind, constituting the Sinking Fund. That Com- 
mission shall proceed with the Definitive Regulation of 
the Accounts between the Contracting Parties, and shall 
fix the time and method to be employed for the liquidation 
of the Monte Lombardo-Veneto. 

ARTICLE VIII. The Government of His Majesty the 
King of Italy succeeds to the Rights and Obligations re- 
sulting from Contracts regularly stipulated by the Austrian 
Administration for objects of public interest, especially 
concerning the ceded Territory. 

ARTICLE IX. The Austrian Government is charged with 
the Reimbursement of all sums paid by subjects of the 
ceded Territory, communal districts, public establishments, 
and religious societies into the Austrian public Banks in 
the shape of caution-money, deposits, or consignments. 
In the same manner, Austrian subjects, communes, public 
establishments, and religious societies, who have paid 



TREATY OF VIENNA, 1866 235 

money into the Banks of the ceded Territories in the shape 
of caution-money, deposits, or consignments, will be 
punctually reimbursed by the Italian Government. 

ARTICLE X. The Government of His Majesty the King 
of Italy recognises and confirms the concessions granted 
to the Railroads by the Austrian Government in the ceded 
Territory, to the full extent of all their arrangements and 
duration, and particularly the concessions resulting from 
the Contracts passed under date of I4th March, 1856, 
8th April, 1857, and 23rd September, 1858. 

The Italian Government also recognises and confirms 
the stipulations of the Convention of 2oth November 1861, 
between the Administration of the South Lombardo- 
Venetian and Central Italian Railway Company, as well 
as the Convention of the 27th February 1866, between the 
Imperial Minister of Finances and Commerce and the 
South Austrian Society. 

From the time of the exchange of the Ratifications of 
this Treaty, the Italian Government is bound by all the 
Rights and Obligations resulting to the Austrian Govern- 
ment by the above-mentioned Convention, in regard to 
the Lines of Railway situated on the ceded Territory ; 
consequently the right of Devolution which belonged to 
the Austrian Government. 

The Payments which are still to be made of the sum due 
to the State by the Concessionaries in virtue of the Contract 
of I4th March, 1856, as an equivalent for the expense of 
construction of the said Railroads, shall be paid in full into 
the Austrian Exchequer. 

The Credits of the building Contractors and Tradesmen, 
as well as the Indemnities for appropriation of land, which 
appertain to the time when the Railways in question were 
administered on account of the State, and which have not 
yet been paid, will be paid by the Austrian Government, 
and, in so far as they may be due from them in virtue of 
the Act of Concession by the grantees of the Austrian 
Government. 

ARTICLE XI. It is understood that the recovery of the 
debts, resulting from Paragraphs 12, 13, 14, 15, and 16 
of the Contract of the I4th March, 1856, will give Austria 
no right of control or superintendence over the construc- 
tion and working of Railways in the ceded Territory. The 
Italian Government engages on its part to communicate 



236 THE UNION OF ITALY 

all the information which may be asked for on the subject 
by the Austrian Government. 

ARTICLE -XII. In order to extend to the Venetian Rail- 
ways the Stipulations of Article XV of the Convention of 
the 2yth February 1866, the High Contracting Parties 
engage to enter as soon as possible, in concert with the 
South Austrian Railway Company, into a Convention for 
the administrative and economical separation of the 
Venetian and Austrian Railways. 

In virtue of the Convention of the 27th February, 1866, 
the guarantee that the State has to pay to the South 
Austrian Railway Company shall be calculated on the 
basis of the net produce of the whole of the Venetian and 
Austrian Lines forming the networks of the South Austrian 
Railways actually conceded to the Company. It is under- 
stood that the Italian Government will take upon itself 
a proportionate part of that Guarantee corresponding to 
the Lines in the ceded Territory, and that the basis of the 
net produce of the Austrian and Venetian Lines conceded 
to the said Company shall still form the basis for the 
evaluation of that Guarantee. 

ARTICLE XIII. The Italian and Austrian Governments, 
desirous of extending the relations between the two States, 
engage to facilitate Railway Communications and to 
favour the establishment of new Lines to unite the Italian 
and Austrian networks. The Government of His Imperial 
and Royal Apostolic Majesty promises besides to hasten as 
much as possible the conclusion of the Brenner Line de- 
stined to unite the Valley of the Adige with that of the Inn. 

ARTICLE XIV. Inhabitants or natives of the Territory 
ceded by the present Treaty will have, for the space of 
a year, from the day of the date on which the Ratifications 
are exchanged, and conditionally on a previous declaration 
before the competent authorities, full and entire power 
to export their Moveables, free of duty, and to retire with 
their families into the States of His Imperial and Royal 
Apostolic Majesty, in which case their quality of Austrian 
subjects will be retained by them. They will be at liberty 
to keep their immoveable property situated on the ceded 
Territory. 

The same power is granted reciprocally to natives of the 
ceded Territory of Lombardy living in the States of His 
Majesty the Emperor of Austria. 



TREATY OF VIENNA, 1866 237 

The Lombards who profit by these arrangements cannot 
be, on account of their choice, disturbed on either side, 
in their persons or their properties situated in the respective 
States. 

The delay of one year is extended to two years, for the 
subjects, natives of the ceded Territory of Lombardy, who 
at the time of the exchange of the Ratifications of this 
Treaty are not within the Territory of the Austrian 
Monarchy. Their Declaration may be received by the 
nearest Austrian Mission, or by the superior authority of 
any province of the Monarchy. 

ARTICLE XV. The Lombardo- Venetian subjects in the 
Austrian army will be immediately discharged from 
military service and sent back to their homes. 

It is understood that those amongst them who declare 
their wish to remain in the service of His Imperial and 
Royal Apostolic Majesty shall be free to do so, and will 
not be disturbed on this account, either in person or in 
property. 

The same guarantees are assured to the Civil Employes, 
natives of the Lombardo- Venetian Kingdom, who manifest 
their intention of keeping the offices they occupy in the 
Austrian Service. 

Civil Servants born in the Lombardo-Venetian Kingdom 
shall have the choice, either of remaining in the Austrian 
Service, or entering the Italian Administration, in which 
case the Government of His Majesty the King of Italy 
engages, either to place them in positions analogous to 
those which they occupied, or allot them Pensions, the 
amount of which shall be fixed according to the Laws and 
Regulations in force in Austria. It is understood that the 
said Civil Servants shall act under the disciplinary Laws 
and Regulations of the Italian Administration. 

ARTICLE XVI. Officers of Italian origin, who are actually 
in the Austrian Service, shall have the choice, either of 
remaining in the Service of His Imperial and Royal Apos- 
tolic Majesty or of entering the Army of His Majesty the 
King of Italy, with the Rank they hold in the Austrian 
Army, provided they make the request within 6 months 
after the Ratification of the present Treaty. 

ARTICLE XVII. The Pensions, both Civil and Military, 
regularly paid, and which were paid out of the public 
funds of the Lombardo-Venetian Kingdom, remain due to 



238 THE UNION OF ITALY 

those entitled to them, and, if need be, to their widows 
and children, and will be paid in future by the Government 
of His Italian Majesty. 

This stipulation is extended to the Pensioners, both 
Civil and Military, as well as to their widows and children, 
without distinction of origin, who keep their domicile in 
the ceded Territory, and whose salaries, paid up to 1814 
by the then Government of the Lombardo-Venetian Pro- 
vinces, then became payable by the Austrian Treasury. 

ARTICLE XVIII. The Archives of the ceded Territories 
containing the titles to property, and documents regarding 
the administration of justice, as well as the Political and 
Historical Documents of the old Republic of Venice, will 
be handed over to the Commissioners who shall be appointed 
thereto, to whose care shall be delivered the objects of Art 
and Science specially belonging to the ceded Territory. 

Reciprocally, the titles to property, and documents 
connected with the administration and civil justice apply- 
ing to the Austrian Territories, which may be in the 
Archives of the ceded Territory, will be handed over to 
the Commissioners of His Imperial and Royal Apostolic 
Majesty. 

The Governments of Italy and Austria engage to consult 
each other, at the request of the superior administrative 
authorities, respecting all the documents and information 
relative to the affairs which concern both the ceded Terri- 
tory and the adjoining country. 

They also engage to allow authentic Copies to be taken 
of Historical and Political Documents which may interest 
the Territories remaining respectively in the possession of 
the other Contracting Power, and which, in the interest 
of science, cannot be taken from the Archives to which 
they belong. 

ARTICLE XIX. The High Contracting Powers engage 
reciprocally to grant the greatest possible Customs Facilities 
to the bordering Inhabitants of the two Countries for the 
improvement of their property and the exercise of their 
trade. 

ARTICLE XX. The Treaties and Conventions which 
have been confirmed by Article XVII of the Treaty of 
Peace signed at Zurich, on the loth November, 1859, shall 
be temporarily renewed for one year, and shall extend to 
all the Territories of the Kingdom of Italy. In the case 



TREATY OF VIENNA, 1866 239 

where those Treaties and Conventions shall not be denounced 
3 months before the expiration of a year dating from the 
exchange of the Ratifications, they shall remain in force, 
and so on, from year to year. 

ARTICLE XXI. The two High Contracting Powers reserve 
to themselves to enter, as soon as possible, into negotia- 
tions on the widest bases reciprocally to facilitate business 
between the two Countries. 

Until then, and for the term fixed in the preceding 
Article, the Treaty of Commerce and Navigation of the 
i8th October, 1851, shall remain in force and shall apply 
to the whole Territory of the Kingdom of Italy. 

ARTICLE XXII. The Princes and Princesses of the House 
of Austria, as well as the Princesses who have entered into 
the Imperial Family by marriage, shall, on proving their 
Titles, recover their Private Property in full and entire 
possession, as well Personal as Real, which they shall be 
allowed to enjoy and to dispose of without being molested 
in any manner in the enjoyment of their Rights. 

Nevertheless, all the Rights of the State and of Indi- 
viduals are reserved to be prosecuted by legal means. 

ARTICLE XXIII. With a view to contribute by every 
effort to quiet the public mind, the King of Italy and His 
Majesty the Emperor of Austria declare and promise that 
in their respective Territories there shall be a full and 
entire amnesty for all individuals compromised on account 
of Political Events in the Peninsula up to the present time ; 
consequently no individual, no matter what may be his 
rank or position in society, shall be prosecuted, annoyed, 
or troubled, in person or property, or in the exercise of his 
rights, on account of his conduct or political opinions. 

ARTICLE XXIV. The present Treaty shall be ratified, 
and the Ratifications exchanged at Vienna within a fort- 
night, or earlier if possible. 

In faith of which, the respective Plenipotentiaries have 
signed it, and have affixed their Seals thereunto. 

Done at Vienna, on the 3rd day of the month of October, 
of the year of Grace, 1866. 

(L.S.) MENABREA. 
(L.S.) WIMPFFEN. 



240 THE UNION OF ITALY 



ADDITIONAL ARTICLE. 

The Government of His Majesty the King of Italy 
engages itself towards the Government of His Imperial 
and Royal Apostolic Majesty to pay 35,000,000 florins, 
Austrian value, equivalent to 87,500,000 francs, stipulated 
by Article VI of the present Treaty, in the manner and at 
the periods hereinafter determined : 

7,000,000 florins shall be paid in cash by 7 Bills or Treasury 
Bonds to the order of the Austrian Government, payable 
at Paris, at the place of business of one of the first Bankers, 
or of an Establishment of the first order, without interest, 
on the expiration of the 3rd month, dating from the day of 
the signature of the present Treaty, and which will be 
handed to the Plenipotentiary of His Imperial and Royal 
Apostolic Majesty at the time of the exchange of Ratifica- 
tions. 

The payment of the remaining 28,000,000 florins shall 
take place at Vienna in cash, in 10 Bills or Treasury Bonds 
to the order of the Austrian Government, payable at 
Paris, at the rate of 2,800,000 florins (Austrian value) each 
to reach maturity successively at intervals of two months. 
These 10 Bills or Treasury Bonds shall likewise be handed 
to the Plenipotentiary of His Imperial and Royal Apos- 
tolic Majesty on the exchange of the Ratifications. The 
first of these Bills, or Treasury Bonds, will be payable two 
months after the payment of the Bills or Treasury Bonds 
of 7,000,000 florins above stipulated. For that period, as 
for the others following, becoming due on every succeeding 
two months, the interest will be reckoned at 5 per cent., 
dating from the first day of the month which will follow 
the exchange of the Ratifications of the present Treaty. 

The payment of the Interest shall take place at Paris 
at the expiration of each Bill or Treasury Bond. 

The present Additional Article shall have the same 
force and value as if inserted word for word in the Treaty 
of this day. 

Vienna, 3rd October, 1866. 

(L.S.) MENABREA. 
tL.S.) WIMPFFEN. 



CHAPTER VIII 
AUSTRIA AND PRUSSIA 

Treaty of Vienna (1864) Convention of Gastein Policy of 
Bismarck Napoleon III Dispute between Austria and Prussia 
Proposal for Conference Lord Clarendon Austrian mani- 
festo War Preliminaries of Peace Treaty of Prague 
Annexations Treaties with minor German States The North 
German Confederation. 

Text : The Treaty of Prague ( 1 866) . 

NEITHER the Treaty of Peace with Denmark in 1864 nor 
the Convention of Gastein in 1865, to which allusion has 
already been made, completely set at rest the questions 
previously at issue respecting the Danish Duchies, nor in 
all probability were they intended to do so by one at least 
of the parties concerned. The first-named gave the Elbe 
Duchies to be administered jointly by Austria and Prussia ; 
the latter superseded the joint administration, giving that 
of Schleswig to Prussia and that of Hoist ein to Austria. 
It moreover awarded Lauenburg to Prussia in return for 
a money payment to be made to Austria, and it laid the 
foundation for a German Navy, a German naval base at 
Kiel, and a Kiel Canal, all under the command or control 
of Prussia. Bismarck, who, soon after the accession of 
William I to the throne of Prussia, was appointed by the 
new monarch to the post of Prime Minister and Minister 
for Foreign Affairs, had from the outset occupied himself 
with the idea of advancing Prussia to the first place in 
the Germanic Confederation. The position of Austria as 
President of the Diet at Frankfort was an obstacle in the 
way of the realization of this idea, and by gradual steps 

1003 



242 AUSTRIA AND PRUSSIA 

extending over years he sought to eliminate Austria from 
her place in the councils of Germany and to reform the 
Constitution of the Germanic Confederation. 

The question of the Danish Duchies lent itself to the 
achievement of this design. First came the dismemberment of 
Denmark in 1864, then the modifications effected at Gastein 
in 1865. The Convention of Gastein (August 14, 1865) for 
a time staved off the threatened war between Austria and 
Prussia by introducing a modus vivendi in the Duchies and 
putting a stop to the squabbles arising out of the joint 
control. This enabled Bismarck to complete his arrange- 
ments and to win over his sovereign to his views, the King 
of Prussia being at that time averse from entering upon a 
war with Austria. No sooner was the Convention concluded 
than Bismarck, in September 1865, approached the Emperor 
of the French with a view to obtaining his concurrence in 
the idea of an offensive Alliance between Prussia and Italy 
against Austria. Napoleon III, always desirous of seeing 
Venetia united to Italy, and perhaps actuated also by other 
political reasons, raised no objection to the proposal, and 
the chance of interference from this quarter being removed, 
a treaty of offensive and defensive Alliance was con- 
cluded between Prussia and Italy in April 1866. Meantime 
the dissensions in the Germanic Diet concerning the 
Duchies had led Prussia to put forward demands for the 
re-constitution of the Germanic Confederation. Reforms 
proposed by Austria were discarded by Prussia, who took 
steps to ascertain what amount of support she could 
count upon from the minor German States in the event 
of war. Austria announced in March 1866 that she would 
refer the Duchies question to the Federal Diet, and she 
pressed upon the Diet the necessity of mobilizing the Federal 
armies ; the Diet agreed to the Austrian proposal for mobi- 
lization. Prussia thereupon sent troops into Holstein, and 
declared in the Diet on June 14, 1866, that the action of 
Austria in the matter of the mobilization constituted 



PROPOSAL FOR CONFERENCE 243 

a breach of the Federal Act which decreed that no member 
of the Confederation should make war upon another 
member ; in a long argumentative document she announced 
that she considered the dissolution of the Federal Pact as 
accomplished, and would act accordingly. 1 

Before matters had arrived at this pitch, that is to say 
at the beginning of May 1866, fresh endeavours were 
made by Great Britain, France, and Russia to avert the 
threatened war between Austria and Prussia by means of 
assembling a conference or congress of the Powers to dis- 
cuss the matters in dispute. 2 Lord Clarendon, the British 
Secretary of State for Foreign Affairs, in a dispatch to the" 
ambassador at Paris, while assenting to the idea of a 
congress mooted by France, went on to say, ' But Her 
Majesty's Government consider that a congress should 
not meet without its objects being previously defined and 
without a reasonable prospect of effecting the purpose for 
which it was convoked. The origin of the unfortunate 
dispute between Prussia and Austria is the Duchies, upon 
the annexation of which Prussia appears to be determined. 
Could a congress sanction such a policy, which could only 
be carried into effect by violence, if the wishes of the people 
were not consulted, and if they were, assuredly Prussia 
would not obtain the Duchies ? With regard to the cession 
of Venetia, it is notorious that Austria will not cede her 
Italian provinces unless she obtains territorial compensa- 
tion elsewhere ; but where is this to be obtained ? ' Lord 
Clarendon therefore proposed that, inasmuch as a congress 
would be powerless to enforce its decisions, an appeal 
should be made to the three Powers on the point of taking 
the field, by Great Britain, France, and Russia, who, in- 
voking the Protocol of Paris, 3 should call upon them to 
resume the status quo. 

1 Hertslet's Map of Europe by Treaty, vol. iii, p. 1652. 
1 The three questions at issue were the Danish Duchies, the 
position of Venetia, and the reform of the German Federal Diet. 
' As to having recourse to mediation before entering on a war, 

R 2 



244 AUSTRIA AND PRUSSIA 

France did not fall in with this suggestion, but was in 
favour of a preliminary meeting between England, France, 
and Russia to settle a programme and announce a ' firm 
intention ' to solve the international difficulties in the 
direction of peace. The words, ' a firm intention/ were 
demurred to by England as possibly tending to commit 
her to action she did not contemplate. France argued, on 
the other hand, though deprecating the employment of 
force in giving effect to the firm intention, that the decisions 
of the Powers would be stripped of all authority if they 
were to declare beforehand that the enforcement of their 
' decisions by arms was absolutely renounced by them. 

A conference at Paris was therefore decided on, and 
Austria, Prussia, Italy, and the Germanic Confederation 
were invited to take part in it. Prussia accepted the 
invitation, but did not admit that the question of the 
Elbe Duchies was the one which menaced the peace of 
Europe, ' a question she had never intended to make 
a casus belli ' ; it was, rather, the menacing attitude and 
military preparations of Austria and other German States 
which had given rise to the complications. 1 

Italy and the Germanic Confederation also accepted the 
invitation. Austria accepted it likewise, but she attached 
to her acceptance of it a condition to the effect that all 
discussions with a view to a territorial aggrandizement or 
an increase of power of any one of the Powers invited to 
the conference be excluded from its deliberations. 2 This 
condition was held to exclude from consideration the most 
important of the questions in dispute, and as a result 
(June 8, 1866) no conference took place. 3 

Thus, Prussia having declared the Germanic Confedera- 

April 14, 1856. State Papers, vol. xlvi, p. 133. See below, p. 270. 
A similar, and, this time, compulsory provision is contained in 
Art. 12 of the Covenant of the League oi Nations, June 28, 1919. 

1 State Papers, vol. Ivii, p. 395. 

* Ibid., vol. Ivii, p. 402. 

1 Ibid., vol. Ivii, p. 411. 



246 AUSTRIA AND PRUSSIA 

tion to be dissolved, and having withdrawn from it, placing 
the blame upon Austria and the Diet, and having more- 
over entered into an alliance with Italy, no alternative to 
war remained. The Austrian manifesto declaring war was 
dated June 17, the Prussian June 18, and the Italian 
June 19, 1866. 

The manifesto of the Emperor of Austria declaring war 
against Prussia and Italy went into some detail concern- 
ing the causes which had necessitated an appeal to arms. 1 
Though slightly coloured with a tint of bias, it probably 
gives a fairly accurate representation of the position of 
affairs. His Majesty declared that he was threatened on 
two frontiers by enemies allied for the purpose of break- 
ing the power of Austria, to neither of whom he had given 
cause for war. For one of the Powers a favourable oppor- 
tunity was a sufficient excuse for going to war. 2 The 
Emperor went on to say that after the conquest of the 
Elbe Duchies, an aggressive war against Austria was at 
once prepared for ; that on his offer of simultaneous 
disarmament, Prussia demanded a previous disarmament 
by Austria, and that no negotiations respecting the Duchies 
could succeed because Prussia was violent and intent on 
conquest. She had forcibly ejected the Austrian garrison 
from Holstein, and when the German ' Bund ' had adopted 
the Austrian proposal to mobilize the Federal troops, she 
violently severed the tie which united the German races 
and seceded from the Bund. ' We shall not be alone ', 
added the Emperor, ' in the struggle which is about to 
take place. The Princes and Peoples of Germany know 
that their liberty and independence are menaced by 
a Power which listens but to the dictates of egotism and 

1 State Papers, vol. Ixiii, p. 580. 

* This was true enough : it was notorious that Italy was biding 
her time with a view to acquiring Venetia, of which her Alliance 
with Prussia is a proof. On the other hand, it is to be borne in mind 
that the internal condition of Venetia under Austrian rule justified 
the Italian desire for the emancipation of that kingdom. 



PRELIMINARIES OF PEACE 247 

is under the influence of an ungovernable craving after 
aggrandizement.' 

Saxony, Bavaria, Wurtemberg, Baden, and Hesse- 
Cassel threw in their lot with Austria. There can be 
little doubt that the latter confidently expected a favour- 
able issue from the contest, but superior strategy and 
rapidity of movement on the part of the Prussians (under 
the guidance of von Moltke) turned the scale in the opposite 
direction. After several reverses, and notwithstanding 
a measure of success against the Italian forces, Austria 
was glad to have recourse to the mediation of France 
with a view to peace, at the same time ceding to France 
the Lombardo- Venetian Kingdom on an understanding 
that it would be passed on to Italy. 1 

France, in communication with the two belligerents, 
Austria and Prussia, thereupon drew up a document to 
serve as a basis for the conclusion of peace, which being 
accepted by them, a Preliminary Treaty of Peace founded 
upon it was signed between those two Powers at Nikolsburg 
on July 26, 1 866. 2 

These Preliminaries declared : 

Article I. The Austrian territory to remain intact, except- 
ing Venetia. Article II. The dissolution of the Germanic 
Confederation : new organization to be without the partici- 
pation of Austria, &c. Article III. Transfer of Austrian 
rights in the Duchies of Schleswig and Holstein to Prussia 
and reunion of North Schleswig to Denmark. Article IV. 
The payment of a war indemnity to Prussia. Article V. 
The territorial integrity of Saxony, &c. Article VI. That 
Italy should approve of the Preliminaries of Peace, &c. 
Article VII. That the Preliminaries should be ratified. 
Article VIII. That peace should be concluded on the 
basis of the Preliminaries. Article IX. That an armistice 
should be concluded between the various States. 

* Queen Victoria had proposed that England should intervene 
against Prussia : Lord Russell refused. See Egerton, British 
Foreign Policy, p. 283. * State Papers, vol. Ivi, p. 1029. 



248 AUSTRIA AND PRUSSIA 

The definitive Treaty of Peace between Austria and 
Prussia was signed at Prague on August 23, 1866. 

The first Article of this Treaty contained the usual peace 
and friendship stipulation. 

The second Article recorded the consent of Austria to the 
union of the Lombardo- Venetian Kingdom with Italy. 

The third Article provided for the liberation of prisoners 
of war; the details of this and of the evacuation of 
Austrian territory were given in a Protocol appended to 
the Treaty. 

By the fourth Article Austria acknowledged the dissolu- 
tion of the Germanic Confederation, 1 and consented to 
a new organization without the participation of Austria. 

The fifth Article transferred to Prussia all the rights 
over Schleswig and Holstein acquired by Austria under 
the Treaty of October 30, 1864 (see p. 199), with a con- 
dition for the cession to Denmark of Northern Schleswig, 
if desired by the populations. 2 

The sixth Article guaranteed the territories of Saxony, 
subject to a contribution to the expenses of the war, and 
recorded the recognition by Austria of the arrangements 
to be made by Prussia in North Germany. 

The seventh Article provided for arrangements to be 
made respecting the late Federal property, by means of 
a commission. 

The eighth Article dealt with the removal or disposal of 
Imperial property in Federal fortresses, &c. 

The ninth Article secured payment of pensions of 
Federal officials ; pensions of officers of Schleswig-Holstein 
Army were to be paid by Prussia. 

The tenth Article secured payment of pensions granted 



1 This Confederation had been established by the Powers of 
Europe at the Congress of Vienna in 1815. It was thus dissolved 
without their connivance. 

2 This condition was rescinded by arrangement between Austria 
and Prussia see p. 252, note. 



TREATIES OF PEACE 249 

by the Austrian Lieutenancy in Holstein, and the restora- 
tion of bonds belonging to the Holstein Treasury ; it also 
decreed the non-molestation of persons belonging to the 
Duchies, and of Austrian and Prussian subjects on account 
of political conduct during recent events. 

The eleventh Article fixed the war indemnity to be paid 
by Austria to Prussia. 

The twelfth Article provided for the evacuation of 
Austrian territory ; the details of this were embodied in 
a Protocol annexed to the Treaty. 

The thirteenth Article renewed the treaties in operation 
before the war, as far as applicable to new conditions, and 
adumbrated a revision of the Zollverein Treaty of I865. 1 

The fourteenth and last Article provided for the exchange 
of ratifications within eight days. 

The ratifications were duly exchanged on August 30, 
1866. 

As soon as the Preliminaries of Peace were signed, 
Prussia set about the reconstruction of the map of Europe 
as affected by the events of the late war. 

On August 13 (1866) she signed a Treaty of Peace with 
Wurtemberg, providing for a war indemnity, the re- 
establishment of Zollverein Treaties, the regulation of 
railway traffic and communications, &c. 2 

On August 1 6 the Prussian Landtag was called upon to 
sanction the annexation of Hanover, Hesse-Cassel, Nassau, 
and Frankfort to Prussia. This sanction was accorded 
and a decree promulgated on September 20, i866. 3 

On August 17 Prussia signed a Treaty of Peace with 
Baden, similar to the Wurtemberg Treaty, but providing in 

1 In 1833 a Customs Union or Zollverein was arranged by treaty 
between Prussia and several other German States, the object being 
to establish reciprocal treatment inter se with regard to trade, 
customs-duties, tariffs, and kindred matters. Other States, not 
originally signatories, subsequently joined the Union. Austria 
joined it by a treaty dated April n, 1865. (See Stale Papers, 
vol. Iviii, p. 352.) 

* State Papers, vol. Ivii, p. 1163. ' Ibid., vol. Ivi, p. 1067. 



250 AUSTRIA AND PRUSSIA 

addition for the abolition of navigation dues on the 
Rhine. 1 

On August 22 she signed a Treaty of Peace with Bavaria, 
similar to the foregoing, dealing also with the renewal 
of treaties, navigation dues on the Rhine and Main, 
telegraphs, cessions of territory to Prussia, &c. 2 

On September 3 she signed a Treaty of Peace with 
Hesse-Darmstadt of a similar nature, stipulating for the 
abolition of navigation dues on the Rhine and on the 
Main, as well as for mutual cessions of territory, &c. 3 

On October 8 she signed a Treaty of Peace with Saxe- 
Meiningen, renewing treaties, declaring cessions of territory 
to Prussia, with exclusive use of posts and telegraphs, &c. 4 

On October 21 she signed a Treaty of Peace with Saxony. 
It dealt with war indemnity, reorganization of Saxon 
troops as an integral part of the North German Federal 
Army under the supreme command of the King of Prussia, 
renewal of treaties, railways, post and telegraph service, 
abolition of rights of Leipzig University, cessions of 
territory by Saxony, fortress of Konigstein, &c. 6 

Treaties of offensive and defensive alliance were also 
concluded between Prussia and various South German 
States in August and September 1866. 

By these several treaties, by the annexation of Hanover 
and other territories, and by the creation of a North 
German Confederation to take the place of the old Germanic 
Confederation, Germany (to the exclusion of Austria) was 
reconstituted under the control of Prussia. 

The constitution of the new North German Confedera- 
tion was promulgated on June 14, i867. 6 

In the Federal Council, composed of the members of the 
Confederation, Prussia had the preponderating influence 
with 17 votes as against 4 votes for Saxony, 2 votes each 

1 State Papers, vol. Ivii, p. 1165. 2 Ibid., vol. Ivi, p. 1044. 

3 Ibid., vol. Ivi, p. 1057. 4 Ibid., vol. Ivi, p. 1082. 

* Ibid., vol. Ivi, pp. 1084, 1090. Ibid., vol. Ivii, p. 296. 



NORTH GERMAN CONFEDERATION 251 

for Mecklenburg-Schwerin and Brunswick, and I vote 
each for the remaining 18 members, making a total of 
43 votes in all. 

The presidency of the Confederation was vested in 
Prussia, with the right of representing the Confederation 
internationally, of declaring war and concluding peace, 
of entering into alliances and other treaties with foreign 
States, and of accrediting and receiving ambassadors in 
the name of the Confederation. 

All the land forces of the Confederation formed one 
single army under the command of the King of Prussia 
as Federal commander-in-chief, who, amongst other attri- 
butes, possessed the right of erecting fortresses on Federal 
territory. The Federal navy, likewise, was placed under 
the command-in-chief of Prussia. These were some of 
the more important of the stipulations of the Constitution, 
which, however, dealt with many other subjects, such as 
commerce, railways, posts and telegraphs, customs and 
such-like. It was, moreover, declared that a majority of 
two-thirds of the votes in the Federal Council was requisite 
in order to effect an alteration of the Constitution. 

TREATY OF PEACE BETWEEN AUSTRIA AND PRUSSIA. 
SIGNED AT PRAGUE, 23RD AUGUST, I866. 1 

ARTICLE I. There shall be Peace and Friendship between 
His Majesty the Emperor of Austria and His Majesty the 
King of Prussia, and between their heirs and successors, as 
well as between their respective States and subjects, hence- 
forth and for ever. 

ARTICLE II. For the purpose of carrying out Article VI 
of the Preliminaries of Peace concluded at Nikolsburg on 
the 26th July, 1866, and as His Majesty the Emperor of 
the French officially declared through his accredited 
Ambassador to His Majesty the King of Prussia, on the 
2gih July, 1866, ' qu'en ce qui concerne le Gouvernement 
de I'Empereur, la Venetie est acquise a 1'Italie pour lui 
etre remise a la Paix,' His Majesty the Emperor of Austria 

1 Stale Papers, vol. Ivi, p. 1050; Hertslet, vol. iii, No. 388. 



252 AUSTRIA AND PRUSSIA 

also accedes on his part to that Declaration and gives his 
consent to the Union of the Lombardo- Venetian Kingdom 
with the Kingdom of Italy, without any other burdensome 
condition than the liquidation of those Debts which, being 
charged on the Territories ceded, are to be recognized in 
accordance with the precedent of the Treaty of Zurich. 

ARTICLE III. The Prisoners of War shall be set at 
liberty immediately on both sides. 

ARTICLE IV. His Majesty the Emperor of Austria 
acknowledges the dissolution of the Germanic Confedera- 
tion as hitherto constituted, and gives his consent to a new 
organization of Germany without the participation of the 
Imperial Austrian State. His Majesty likewise promises 
to recognize the more restricted Federal relatidks which 
His Majesty the King of Prussia will establish to the 
north of the line of the Main ; and he declares his con- 
currence in the formation of an Association of the German 
States situated to the south of that line, whose national 
connexion with the North German Confederation is reserved 
for further arrangement between the parties, and which 
will have an independent international existence. 

ARTICLE V. His Majesty the Emperor of Austria 
transfers to His Majesty the King of Prussia all the rights 
which he acquired by the Vienna Treaty of Peace of 
30th October, 1864, over the Duchies of Holstein and 
Schleswig, with the condition that the populations of the 
Northern Districts of Schleswig shall be ceded to Denmark 
if, by a free vote, they express a wish to be united to 
Denmark. 1 

ARTICLE VI. At the desire of His Majesty the Emperor 
of Austria, His Majesty the King of Prussia declares his 
willingness to let the present Territorial condition of the 
Kingdom of Saxony remain to the same extent as before, 
in the alterations which are about to be made in Germany ; 
but he reserves to himself the right of arranging the con- 
tribution of Saxony to the expenses of the War, and the 
future position of the Kingdom of Saxony in the North 
German Confederation, by a special Treaty to be con- 
cluded with His Majesty the King of Saxony. 

1 This condition was abrogated by treaty between Prussia and 
Austria (Vienna, October n, 1878), see Nouveau Recueil, n me serie, 
t. iii, and Manuel historique de la Question du Slesvig, by F. de 
Jessen (Copenhagen, 1906), p. 312. 



TREATY OF PRAGUE, 1866 253 

On the other hand, His Majesty the Emperor of Austria 
promises to recognise the new arrangements that will be 
made by His Majesty the King of Prussia in North Germany, 
including the Territorial alterations. 

ARTICLE VII. For the purpose of making arrangements 
respecting the late Federal Property, a Commission will 
meet at Frankfort-on-the-Main within 6 weeks at farthest 
from the Ratification of this Treaty, to which Commission 
all claims and demands on the German Confederation are 
to be sent in, and they will be liquidated within 6 months. 
Austria and Prussia will send Representatives to that 
Commission, and all the other late Federal Governments 
are at liberty to do the same. 

ARTICLE VIII. Austria has the right of removing or 
otherwise disposing of the Imperial Property in the Federal 
Fortresses, and the part of the movable Federal Property 
belonging to Austria, according to specification ; the same 
is the case with all the movable effects of the Confedera- 
tion. 

ARTICLE IX. The Pensions to which the regular Officials, 
Servants, and Pensioners of the Confederation are entitled, 
or which have already been granted, will be secured to 
them pro rata of the register. 

The Royal Prussian Government, however, undertakes 
the Pensions and Allowances hitherto paid out of the 
Federal matriculation fund to the Officers of the former 
Schleswig-Holstein Army and their survivors. 

ARTICLE X. The persons interested in the Pensions 
granted by the Imperial Royal Austrian Lieutenancy in 
Holstein will still be allowed to draw them. 

The sum of 449,500 thalers of Danish currency in 4 per 
cent. Danish State Bonds, which is still in the custody 
of the Imperial Royal Austrian Government, and which 
belongs to the Holstein Treasury, will be restored to it 
immediately after the Ratification of the present Treaty. 

No one belonging to the Duchies of Holstein and Schles- 
wig, and no subject of their Majesties the Emperor of 
Austria and the King of Prussia will be prosecuted, 
molested, or obstructed in his person or property on 
account of his Political conduct during the late events and 
the War. 

ARTICLE XI. His Majesty the Emperor of Austria under- 
takes to pay to His Majesty the King of Prussia the sum 



254 AUSTRIA AND PRUSSIA 

of 40,000,000 Prussian thalers, to cover part of the expenses 
which Prussia has been put to by the War. From that sum 
is however to be deducted the amount of the War expenses 
which His Majesty the Emperor of Austria has still to 
demand from the Duchies of Schleswig and Holstein, 
according to Article XII of the aforesaid Treaty of Vienna 
of the 30th October, 1864, to the extent of 15,000,000 
Prussian thalers, as well as a further sum of 5,000,000, as 
an equivalent for the free maintenance which the Prussian 
Army is to have in those parts of the Austrian Territories 
which it occupies, until the conclusion of Peace ; so that 
there only remain 20,000,000 to be paid in ready money. 

One-half of that sum is to be settled when the Ratifica- 
tion of the present Treaty takes place, the second half 
3 weeks later at Oppeln in cash. 

ARTICLE XII. The Evacuation of the Austrian Terri- 
tories held by the Royal Prussian troops shall be completed 
within 3 weeks after the exchange of the Ratifications of 
the Treaty of Peace. From the day of the exchange of the 
Ratifications the Prussian General Governments will confine 
their functions to the purely military sphere of operations. 

The special stipulations according to which the Evacua- 
tion is to take place are settled in a separate Protocol 
which forms an Appendix to the present Treaty. 

ARTICLE XIII. All the Treaties and Conventions con- 
cluded between the High Contracting Parties before the 
War are hereby again brought into force, in so far as they 
by their nature, must not lose their effect by the dissolu- 
tion of the relations of the Germanic Confederation. The 
General Cartel Convention between the German Federal 
States, of the loth February, 1831, together with the 
supplementary stipulations belonging thereto, will especi- 
ally retain its validity between Austria and Prussia. The 
Imperial Royal Austrian Government declares, however, 
that the Monetary Treaty concluded the 24th January, 
1857, loses its most essential value for Austria by the 
dissolution of the German Federal relations, and the 
Royal Prussian Government declares its willingness to 
enter into negotiations with Austria and the other par- 
ticipators in that Treaty for the abrogation thereof. 

In like manner, the High Contracting Parties reserve to 
themselves to enter into a negotiation as soon as possible 
for the Revision of the Commercial and Customs Treaty 



TREATY OF PRAGUE, 1866 255 

of the nth April, 1865, for the further facilitation of their 
reciprocal traffic. Meanwhile the said Treaty shall again 
come into force, on the condition that each of the High 
Contracting Parties reserves the right of putting an end 
to its operation after 6 months' notice. 

ARTICLE XIV. The Ratifications of the present Treaty 
shall be exchanged at Prague within the space of 8 days, 
or sooner if possible. 

In witness whereof the respective Plenipotentiaries have 
signed the present Treaty, and have affixed to it the Seals 
of their Arms. 

Done at Prague, on the 23rd day of the month of August, 
in the year of Salvation, 1866. 

(L.S.) BRENNER. (L.S.) WERTHER. 



CHAPTER IX 
THE GRAND DUCHY OF LUXEMBURG 

The Grand Duchy of Luxemburg The Revolution of 1830 
Dissolution of the Germanic Confederation Crisis of 1 866 The 
Treaty of London, 1 867 Lord Derby on a Collective Guarantee 
Foreign opinion Obligations of Luxemburg The War of 
1870 End of the Dutch connexion The War of 1914. 

Text i The Treaty of London (1867). 

THE Grand Duchy of Luxemburg is to be dated only 
from the year 1815, when it was created by the Congress 
of Vienna. The King of the Netherlands was made Grand 
Duke, as a compensation for the loss of the German terri- 
tories of the House of Orange-Nassau, which Prussia had 
been allowed to annex. 

Originally a feudal County, within the Mediaeval Empire, 
Luxemburg at the end of the Middle Ages was part of the 
dominions of the House of Burgundy. Subsequently, along 
with the greater part of the Burgundian dominions, includ- 
ing the Netherlands, it passed to the House of Habsburg, 
through the marriage (in 1477) of Maximilian I to Mary the 
daughter of Duke Charles the Bold. The Spanish branch 
of the House of Habsburg held Luxemburg with the 
' Spanish Netherlands ' from 1556 till 1713, when under 
the Peace of Utrecht it passed to Austria. During the 
French Revolutionary Wars Luxemburg was taken from 
Austria by France. At the Vienna Settlement in 1815 it 
was not restored to Austria, but, as has already been 
explained, was erected into a Grand Duchy, with the 
Dutch King as Grand Duke. 

The Grand Duchy, like Belgium, felt the revolutionary 



THE CRISIS OF 1866 257 

influences which were started by the Revolution of July 
1830 in Paris. Luxemburg joined Belgium in throwing off 
the Dutch control. The Powers, by the Treaty of London, 
November 15, 1831, partitioned Luxemburg in two ; the 
western and larger portion was to be incorporated in the 
new Kingdom of Belgium ; the rest, with the city of Luxem- 
burg itself, was to continue the Grand Duchy under the 
King of the Netherlands. Both the Belgians and the 
Grand Duke were dissatisfied with this arrangement, and 
it was not till 1839 that the agreement was carried into 
effect (Treaty of London, April 19, 1839 ; see p. 135). 

From 1839 till 1866 the Grand Duchy remained undis- 
turbed. The reason for its existence in international law 
was to prevent any aggression of France against Prussia 
and the North German States. For in 1815, when the 
Grand Duchy was created, it was France that Europe 
feared. As the Grand Duchy was not strong enough to 
defend itself, the city of Luxemburg was fortified, and 
was garrisoned by Prussia. 1 The Grand Duchy belonged 
to the Germanic Confederation. 

In 1866, however, as a consequence of the war between 
Austria and Prussia, the German Confederation was dis- 
solved (Treaty of Prague, August 23, 1866 ; see p. 248). 
The North German Confederation, under the headship 
of Prussia with Austria excluded, came into existence. 
Luxemburg was not part of the new Confederation, and 
seemed about to gravitate towards France. Napoleon III 
held that if Luxemburg in 1815 had been needed as a buffer 
for Germany against France, it was now needed as a buffer 
for France against Germany. Negotiations were accord- 
ingly opened between the Grand Duke and the French 
Emperor for the sale of Luxemburg to France. Prussia 
was cognizant of this movement, and proposed to prevent 
it by war. The cloud of a fearful war between the two 

1 Treaty of Frankfort, July 20, 1819 ; see Hertslet, vol. i, p. 251, 
note. 

1903 



258 THE GRAND DUCHY OF LUXEMBURG 

greatest States of the Continent hung over Europe. The 
British Government worked to avert this, and proposed the 
meeting of a Conference, the wholesome means by which, 
from 1815 till 1914, the calamities of war have been many 
times averted. In the Conference, which took place at 
London, Great Britain, Austria, Belgium, France, Italy, 
the Netherlands, Prussia, and Russia, concluded the Treaty 
of May n, 1867, which denned anew the position of 
Luxemburg in international law. 

The treaty recognized Luxemburg as a perpetually 
neutral State. The High Contracting Parties specially 
put it upon record in Article II, that they ' engage to 
respect the principle of neutrality ', and that they ' placed 
it under the sanction of the collective Guarantee of the 
Powers signing Parties to the present Treaty, with the 
exception of Belgium '. 

This guarantee differed from that given to Belgium in 
two important respects. In the first place, it was a collec- 
tive guarantee, whereas that given to Belgium has always 
been held to be individual. When the Luxemburg Treaty 
was concluded, the Earl of Derby, then Prime Minister, 
explained that ' a collective guarantee is one which is 
binding on all the parties collectively ; but [of] which, if 
any difference of opinion should arise, no one of them can 
be called upon to take upon itself the task of vindication 
by force of arms '- 1 The guarantee might therefore prove 
valueless, if one of the signing parties chose to disregard it. 

The second difference was that although Luxemburg, like 
Belgium, was bound by treaty to observe neutrality towards 
all other States, yet she was not bound to defend that neutra- 
lity by force of arms. In effect she was forbidden actively 
to defend her neutrality, by the terms of Article III, which 
forbade her to maintain any fortified places or military 
forces. The Prussian garrison, of course, had to evacuate 

1 Hansard, July 4, 1867. 



OBLIGATIONS OF LUXEMBURG 259 

the city of Luxemburg, and the fortifications were dis- 
mantled. 

During the Franco-Prussian War, 1870-1, the Prussian 
Government paid great attention to the neutrality of 
Luxemburg. It was alleged that the Luxemburg railways 
had been used for passing French soldiers from Metz 
through the State, and for forwarding provisions to Thion- 
ville. Bismarck accordingly notified the signatories of the 
Treaty of 1867 that the King of Prussia could no longer 
hold himself bound to observe the neutrality of Luxemburg. 
Papers were then exchanged between Earl Granville and 
the Prussian Government on this subject. Eventually the 
overwhelming military successes of Prussia in France 
made any action of Bismarck with regard to Luxemburg 
unnecessary from a military point of view. If, as he con- 
tended, France had violated Luxemburg neutrality, Prussia 
would, of course, have been justified in considering herself 
free to treat the Grand Duchy as no longer neutralized 
with regard to the war then being waged. In conclu- 
sion, on January 20, 1871, Bismarck notified the British 
Government that the King of Prussia had no intention of 
denouncing the Treaty of 1867, and so the affair ended. 1 

The Dutch branch of the House of Orange-Nassau came 
to an end in the male line in 1890, on the death of King 
William III of the Netherlands. The Grand Duchy, 
unlike the kingdom, was bound by the Salic Law, and 
accordingly passed to the branch of the Dukes of Nassau. 
The neutrality of the Grand Duchy was unbroken till the 
outbreak of the European War. On August 2, 1914, the 
German forces entered Luxemburg ; the Imperial Govern- 
ment alleged that French forces had already committed 
hostile acts within the Grand Duchy. 

1 Parliamentary Papers, 1871 ; Mowat, Select Treaties, pp. 44-8. 



& 2 



260 THE GRAND DUCHY OF LUXEMBURG 

TREATY BETWEEN GREAT BRITAIN, AUSTRIA, BELGIUM, 
FRANCE, ITALY, THE NETHERLANDS, PRUSSIA, AND 
RUSSIA, RELATIVE TO THE GRAND DUCHY OF LUXEM- 
BURG AND THE DUCHY OF LlMBURG. SIGNED AT 
LONDON, IITH MAY, iSGy. 1 

ARTICLE I. His Majesty the King of the Netherlands, 
Grand Duke of Luxemburg, maintains the ties which attach 
the said Grand Duchy to the House of Orange-Nassau, in 
virtue of the Treaties which placed that State under the 
Sovereignty of the King Grand Duke, his descendants and 
successors. 

The Rights which the Agnates of the House of Nassau 
possess with regard to the Succession of the Grand Duchy, 
in virtue of the same Treaties, are maintained. 

The High Contracting Parties accept the present Declara- 
tion, and place it upon record. 

ARTICLE II. The Grand Duchy of Luxemburg, within 
the Limits determined by the Act annexed to the Treaties 
of the igth April, 1839, under the Guarantee of the Courts 
of Great Britain, Austria, France, Prussia, and Russia, 
shall henceforth form a perpetually Neutral State. 

It shall be bound to observe the same Neutrality towards 
all other States. 

The High Contracting Parties engage to respect the 
principle of Neutrality stipulated by the present Article. 

That principle is and remains placed under the sanction 
of the collective Guarantee of the Powers signing Parties 
to the present Treaty, with the exception of Belgium, 
which is itself a Neutral State. 

ARTICLE III. The Grand Duchy of Luxemburg being 
Neutralized, according to the terms of the preceding Article, 
the maintenance or establishment of Fortresses upon its 
Territory becomes without necessity as well as without 
object. 

In consequence, it is agreed by common consent that the 
City of Luxemburg, considered in time past, in a military 
point of view, as a Federal Fortress, shall cease to be 
a fortified city. 

His Majesty the King Grand Duke reserves to himself 
to maintain in that city the number of troops necessary 
to provide in it for the maintenance of good order. 
1 State Papers, vol. Ivii, p. 32 ; Hertslet, vol. iii, No. 405. 



TREATY OF LONDON, 1867 261 

ARTICLE IV. In conformity with the stipulations con- 
tained in Articles II and III, His Majesty the King of 
Prussia declares that his troops actually in garrison in the 
Fortress of Luxemburg shall receive orders to proceed to 
the Evacuation of that place immediately after the ex- 
change of the Ratifications of the present Treaty. The 
withdrawal of the artillery, munitions, and every object 
which forms part of the equipment of the said Fortress 
shall commence simultaneously. During that operation 
there shall remain in it no more than the number of troops 
necessary to provide for the safety of the material of war, 
and to effect the dispatch thereof, which shall be completed 
within the shortest time possible. 

ARTICLE V. His Majesty the King Grand Duke, in virtue 
of the rights of Sovereignty which he exercises over the 
City and Fortress of Luxemburg, engages, on his part, to 
take the necessary measures for converting the said Fortress 
into an open city by means of a demolition which His 
Majesty shall deem sufficient to fulfil the intentions of the 
High Contracting Parties expressed in Article III of the 
present Treaty. The works requisite for that purpose 
shall be commenced immediately after the withdrawal of 
the garrison. They shall be carried out with all the atten- 
tion required for the interests of the inhabitants of the city. 

His Majesty the King Grand Duke promises, moreover, 
that the Fortifications of the city of Luxemburg shall not 
be restored in future, and that no Military Establishment 
shall be there maintained or created. 

ARTICLE VI. The Powers signing Parties to the present 
Treaty recognize that the Dissolution of the Germanic 
Confederation having equally produced the Dissolution of 
the ties which united the Duchy of Limburg, collectively 
with the Grand Duchy of Luxemburg, to the said Confedera- 
tion, it results therefrom that the relations, of which 
mention is made in Articles III, IV, and V of the Treaty 
of the igth April, 1839, between the Grand Duchy and 
certain Territories belonging to the Duchy of Limburg, 
have ceased to exist, the said Territories continuing to 
form an integral part of the Kingdom of the Netherlands. 

ARTICLE VII. The present Treaty shall be ratified, and 
the Ratifications shall be exchanged at London within the 
space of 4 weeks, or sooner if possible. 

In witness whereof the respective Plenipotentiaries have 



262 THE GRAND DUCHY OF LUXEMBURG 



signed the same, and have affixed thereto the Seals of their 
Arms. 

Done at London, the nth day of May, in the year of 
Our Lord, 1867. 



(L.S.) 

(L.S.) 

(L.S.) 

(L.S.) 

(L.S. 

(L.S. 

(L.S. 

(L.S. 

(L.S. 

(L.S.) 



STANLEY. 

APPONYI. 

VAN DE WEYER. 

LA TOUR D'AUVERGNE. 

D'AZEGLIO. 

BENTINCK. 

TORNACO. 

E. SERVAIS. 

BERNSTORFF. 

BRUNNOW. 



CHAPTER X 
THE FRANCO-GERMAN WAR 

France and Prussia, 1866 Bismarck on the prospect of War 
Grand Duchy of Luxemburg The Hohenzollern candidature 
for Spanish Throne Due de Gramont's views Attitude of 
the King of Prussia Withdrawal of Hohenzollern candidature 
Demand of French Government Refusal of Bismarck Ems 
Telegram Protocol of Paris (1856) Neutrality of Belgium 
War, 1870-1 Proclamation of German Empire Preliminaries 
of Versailles Treaty of Frankfort Constitution of the German 
Empire Outcome of Franco-German War. 

Texts: The Preliminaries of Versailles (1871) The Treaty of 
Frankfort (1871) The Constitution of the German Empire. 

IT has already been related, in a previous chapter, that 
after the conclusion of the Austro-Prussian Convention at 
Gastein in 1865, Count Bismarck, in view of the practical 
certainty of war with Austria in the near future, approached 
the Emperor of the French for the purpose of obtaining his' 
concurrence in a projected alliance between Prussia and 
Italy, to become operative on the outbreak of such a war. 
Bismarck and the Emperor Napoleon III met at Biarritz 
in September 1865. Their negotiations, or conversations, 
took place without witnesses, and the precise form which 
they assumed is not known. That Napoleon favoured the 
acquisition of Venetia by Italy is undeniable, but that he 
fell in with Bismarck's proposals without a promise of 
compensation, real or implied, may well be doubted. 
Whatever impression Bismarck may have left upon his 
mind, the fact remains that on the conclusion of peace 
between Austria and Prussia in 1866, no benefits accrued 
to France if we except the prestige conferred upon the 
Emperor by his assumption of the r61e of mediator in 
arranging the terms of that peace. It is not surprising that 



264 THE FRANCO-GERMAN WAR 

an ever-increasing jealousy of the growing power of Prussia 
supervened. 

Bismarck, in his Reminiscences, says, ' It was already 
quite clear to me that we should have to defend theconquests 
of the campaign in future wars, just as Frederick the Great 
had to defend the results of his two first Silesian Wars in 
the fiercer fire of the Seven Years' War. That a war with 
France would succeed that with Austria lay in the logic of 
history '. l 

Prussia proceeded with her task of the unification of 
Germany by the formation of the North German Confedera- 
tion, by treaties of alliance with the Southern German 
States, and by the placing of all military power in the 
hands of the Prussian monarch (see p. 250). It was the 
general opinion that a war with France was only a question 
of time. In 1867 the question of Luxemburg for a while 
threatened the peace of Europe, when France and Prussia 
held divergent views about the future of the Grand Duchy, 
but the danger of war was averted by means of a Con- 
ference of the Powers at London, where a treaty was signed 
in which the neutrality of Luxemburg was guaranteed. 2 

In the winter of 1868-9 Count von Moltke elaborated 
a complete scheme of action for the contingency of an 
invasion of France. Peace was, however, maintained 
until the year 1870, when General Prim, the head of the 
provisional Government in Spain, suddenly and without 
notice to other foreign States (England and France, at 
any rate, were not previously informed), offered the then 
vacant throne of Spain to Prince Leopold of Hohenzollern- 
Sigmaringen, who accepted it. 

The news of this event reached Paris and London on 
July 5, 1870. The Due de Gramont immediately informed 
the Prussian ambassador at Paris, in plain language, that 
France could not tolerate the establishment of any Prussian 

1 Bismarck, Reflections and Reminiscences (trans. Butler), chap. xx. 

2 State Papers, vol. Ivii, p. 32 ; see above, pp. 257 ft. 



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266 THE FRANCO-GERMAN WAR 

Prince upon the Spanish throne ; and a statement to the 
same effect was made by the Duke in the Corps Legislatif. 

I rise to reply to the interpellation addressed to me 
yesterday by M. Cochery. It is true that Marshal Prim 
has offered the crown of Spain to Prince Leopold of Hohen- 
zollern and that the latter has accepted it. But the Spanish 
people have not as yet pronounced their views upon the 
matter, nor are we at present aware of the true details 
of a negotiation of which we have been kept in ignorance. 
An immediate discussion could not therefore lead to any 
practical result. We beg you, Gentlemen, to postpone it. 
We have never ceased to demonstrate our sympathy with 
the Spanish nation, and to avoid everything in the nature 
of an interference in the internal affairs of a great and noble 
nation in full exercise of its sovereignty ; we have not 
deviated from a course of the strictest neutrality with regard 
to the various aspirants to the throne and we have never 
shown for any of them either preference or aversion. We 
shall persevere in this line of conduct. But we do not 
believe that our respect for the rights of a neighbouring 
people obliges- us to permit a Foreign Power, by placing 
one of her Princes upon the throne of Charles V, to disturb 
to our detriment the existing equilibrium of the forces 
of Europe, and to endanger the interests and the honour of 
France. We have a firm hope that this eventuality will 
not be realised. To prevent it we rely equally upon the 
wisdom of the German people and upon the friendship of 
those of Spain. If it were otherwise, strong in your support, 
Gentlemen, and in that of the Nation, we should know ho .v 
to fulfil our duty without hesitation and without weakness. 1 

On July 6 the French ambassador in London appealed 
to the British Government to exercise all their influence 
upon Prussia and upon Spain in order to put a stop to the 
projected installation of the Prince on the Spanish throne. 
Lord Granville accordingly addressed strong but friendly 
representations both to Prussia and to Spain, urging them 
for the sake of the general welfare to consider the possible 
consequences of an adherence to the proposed arrangement. 
Lord Lyons reported from Paris on the indignation of the 
1 State Papers, vol. Ix, pp. 788-9. 



DUG DE GRAMONT'S VIEWS 267 

French people at what they could only regard as an insult 
and a challenge from Prussia, adding, however, that he 
did not believe that either the Emperor or his Ministers 
either wished for war or expected it. The Due de Gramont, 
in discussing the question with the ambassador, urged that 
it was not only the pride of France which was concerned, 
but also that her military power was at stake. ' What ', 
he observed, ' had been the result of placing the brother 
of Prince Leopold at the head of the Government of 
Roumania ? He had immediately begun to collect arms, 
to form an army, and obeying in all points the instructions 
he received from Berlin, to prepare a Prussian arsenal to 
be used in case of war between Prussia and Austria. What 
had been done there on a small scale would be done on 
a great scale in Spain. The Prince of Hohenzollern would 
make himself a military sovereign and would get ready 
the means of paralysing 200,000 French troops if France 
should be engaged in war in Europe. It would be madness 
to wait until this was accomplished.' He trusted much to 
the aid of the British Government in avoiding war. 1 

The German ambassador informed Lord Granville that 
the King of Prussia was a stranger to the negotiations with 
Prince Leopold, but that he would not forbid the Prince to 
accept the crown of Spain. On the other hand, the Due 
de Gramont stated that he had reason to know, and indeed 
the Spanish Minister did not deny it, that the King of 
Prussia had been cognizant of the negotiations between 
Prim and the Prince of Hohenzollern throughout. 2 

The King of Prussia himself admitted that he had given 
his consent to the Hohenzollern candidature, and stated 
that having given it, it would be difficult to withdraw it. 

The candidature of Prince Leopold was, in view of the 
threatening attitude of affairs, withdrawn by his father 
in his name, and it was at first hoped that by this action 
the difficulties which had arisen would be removed. It 

1 Slate Papers, vol. Ix, pp. 784-94. * Ibid., pp. 796, 799. 



268 THE FRANCO-GERMAN WAR 

was argued, however, by France that this was not sufficient, 
and that some guarantee should be given by Prussia that 
Prince Leopold's candidature would not be revived. Lord 
Granville, thereupon, whilst regretting that France was 
unable to accept the mere withdrawal as a sufficient con- 
cession, submitted a memorandum for communication to 
the King of Prussia recommending that as the King had 
consented to the acceptance by Prince Leopold of the 
throne of Spain, and had thereby in a certain sense become 
a party to the arrangement, His Majesty might with 
perfect dignity communicate to the French Government 
his consent to the withdrawal of that acceptance, in the 
event of France waiving her demand for an engagement 
covering the future. Count Bismarck replied by telegraph 
(on the i4th or i5th July) that he regretted that Her 
Majesty's Government should have made a proposal 
which it would be impossible for him to recommend to the 
King for his acceptance, and he went on to allude to the 
question of the succession, as he had previously done, as 
a private matter in which Prussia was not concerned. 1 

A letter of July 10, 1870, from King William of Prussia to 
King Charles of Roumania shows that the Prussian Govern- 
ment knew and approved of the Hohenzollern candidature 
for the Spanish throne, 2 and there is no doubt that Bismarck 
made use of it for the furtherance of his political aims. 
The history of the ' Ems telegram ' is instructive on this 
point, as told by Bismarck and Busch. 

It appears that von Roon, the Prussian War Minister, 
and Moltke were dining with Bismarck on July 13 (1870). 
In the course of the repast intelligence arrived from the 
Prussian Embassy at Paris to the effect that the Prince of 
Hohenzollern had renounced the Spanish throne in order 
to prevent the war with which France threatened Prussia. 
Bismarck says, ' My first idea was to retire from the 

1 State Papers, vol. Ix, p. 826. 

* See Aus dem Leben Konig Karls von Rumanien. (Stuttgart, 
1894.) Band II, 101. Letter dated 28 June/io July 1870. 



EMS TELEGRAM 269 

service because after all the national challenges which 
had gone before I perceived in this extorted submission a 
humiliation to Germany, for which I did not desire to be 
responsible '. (A threat to retire had more than once been 
resorted to by that statesman as an expedient for the 
attainment of his ends.) Following on this intelligence 
came a long telegram of about 200 words from King 
William, who was then at Ems, detailing his communica- 
tions with the French ambassador Benedetti as forming 
part of a negotiation still pending on the Hohenzollern 
question. Moltke was in despair. ' It looked ', says 
Bismarck, ' as if Our Most Gracious might knuckle under 
after all. . . . Seating myself at a small table I boiled down 
those 200 words to about twenty, but without otherwise 
altering or adding anything.' The reduced telegram stated, 
in terms so brief as to convey the impression of an actual 
insult, that the King had refused to see Benedetti, and had 
informed him by an aide-de-camp that he had nothing 
more to communicate to him. Moltke said, ' Now it has 
a different ring. It sounded before like a parley, now it 
sounds like a flourish in answer to a challenge.' The 
reduced telegram was officially published at Berlin and sent 
to the different Embassies in Europe. It so excited the 
French Government and people that war resulted in the 
course of a couple of days. 

' Thus ', says a commentator, ' the war was the deliberate 
work of a small group of conspirators holding the highest 
positions in the Prussian Empire, whose action on this 
occasion rendered it inevitable.' l 

1 Nineteenth Century, August 1916. The original telegram was 
actually from Herr Abeken and was as follows : ' His Majesty writes 
to me : " Count Benedetti spoke to me on the promenade, in order 
to demand from me, finally in a very importunate manner, that 
I should authorise him to telegraph at once that I bound myself 
for all future time never again to give my consent if the Hohen- 
zollerns should renew their candidature. I refused at last somewhat 
sternly, as it is neither right nor possible to undertake engagements 
of this kind d, tout jamais. Naturally I told him that I had as yet 
received no news, and as he was earlier informed about Paris and 
Madrid than myself, he could clearly see that my government 



270 THE FRANCO-GERMAN WAR 

It may, at any rate, be maintained that the responsibility 
for the war did not rest entirely on France. 

The efforts of the British Government to preserve peace 
were continued until the last moment, an appeal being 
made to the 23rd Protocol of the Paris Congress (1856) 
relative to recourse being had to the good offices of a 
friendly Power before proceeding to extremities, but no 
success resulted. 

On the eve of the declaration of war the French Govern- 
ment spontaneously declared their determination to respect 
the neutrality of Belgium. 1 The Prussian Government also 
intimated to the Netherlands Minister at Berlin that ' as 
regards Belgium and Luxemburg, the neutrality of both 
countries was guaranteed by Treaty, and it would be 
scrupulously respected by Prussia '. z 

Nevertheless, the British Government deemed it desirable 
to emphasize the fact of the neutrality of Belgium by 
means of a separate treaty with each of the belligerents, 
indicating the course which Great Britain was prepared to 

once more had no hand in the matter." His Majesty has since 
received a letter from the Prince. His Majesty having told Count 
Benedetti that he was awaiting news from the Prince, has decided, 
with reference to the above demand, upon the representation of 
Count Eulenburg and myself, not to receive Count Benedetti again, 
but only to let him be informed through an aide-de-camp : That 
his Majesty had now received from the Prince confirmation of the 
news which Benedetti had already received from Paris, and had 
nothing further to say to the ambassador. His Majesty leaves it 
to your Excellency whether Benedetti's fresh demand and its 
rejection should not be at once communicated both to our ambassa- 
dors and to the press.' The telegram, as reduced and given to the 
Press by Bismarck, ran as follows : ' After the news of the renuncia- 
tion of the hereditary Prince of Hohenzollein had been officially 
communicated to the imperial government of France by the royal 
government of Spain, the French ambassador at Ems further de- 
manded of his Majesty the King that he would authorise him to 
telegraph to Paris that his Majesty the King bound himself for all 
future time never again to give his consent if the Hohenzollerns 
should renew their candidature. His Majesty the King thereupon 
decided not to receive the French ambassador again, and sent to 
tell him through the aide-de-camp on duty that his Majesty had 
nothing further to communicate to the ambassador.' Bismarck, 
Reflections and Reminiscences, chap xxii. 

State Papers, vol. Ix, p. 870. a Ibid., vol. Ix, p. 860. 



WAR DECLARED 271 

follow in the event of the disregard of that neutrality by 
either of them. Their proposal to this effect having been 
accepted by France and Prussia, a treaty with each was 
duly signed, that with Prussia bearing date August 9, 
and that with France August n, iSyo. 1 It was declared 
that these treaties should remain in force until one year 
after the ratification of a Treaty of Peace between the 
belligerents, and on the expiration of that time the inde- 
pendence and neutrality of Belgium would, so far as the con- 
tracting parties were concerned, continue to rest, as in the 
past, on Article I of the Quintuple Treaty of April 19, i83g. 2 

War was declared by France on July 19, iSyo. 3 

On September 2 the Emperor of the French surrendered, 
with his army, to the King of Prussia at Sedan ; a Govern- 
ment of National Defence was set up at Paris ; Paris was 
invested and bombarded by the Germans. It capitulated 
in January 1871. On the 28th of the same month a conven- 
tion of armistice was concluded at Versailles. 4 

A Preliminary Treaty of Peace between France and 
Germany was signed at Versailles on February 26, 1871. 5 

The King of Prussia had previously (on January 18) 
been proclaimed German Emperor by the sovereigns of 
Germany and the chiefs of the army assembled in the Hall 
of Mirrors at Versailles. 

By Article I of the Preliminaries the new boundaries 
between France and Germany, consequent on the cession 
of Alsace and Lorraine by France, were laid down. It was 
agreed that these boundaries should be traced on the spot 
by an international commission. 

Article II stated the indemnity to be paid by France 
and the mode of payment. (See also Article III.) 

1 State Papers, vol. Ix, pp. 10, 13. Ibid., vol. xxvii, p. 1000. 
Ibid., vol. Ix, p. 907. Ibid., vol. Ixii, p. 49. 

4 Ibid., vol. Ixii, p. 59. The Documents relating to the causes of 
the War of 1870-1 have been issued in ten volumes by the French 
Government Les On'gines diplomatique^ de la Guerre de 1870-1871 
(Paris, 1910-14). 



272 THE FRANCO-GERMAN WAR 

The remaining Articles dealt with the evacuation of 
French territory, inhabitants of ceded territories, prisoners 
of war, negotiations for definitive treaty, administration 
of occupied territories, taxes, &c. 

Bavaria, Wurtemberg, and Baden acceded to this Treaty 
on the day of its signature. 1 

The Definitive Treaty of Peace was signed at Frankfort 
on May 10, 1871. 2 

It contains in Article I a modification of the boundary 
laid down in the Preliminary Treaty, and goes on to 
provide for the choice of nationality by natives of ceded 
territory, and their retention of immovable property ; an 
amnesty in respect of action previous to the war ; sur- 
render of archives ; reimbursement of certain moneys and 
premiums ; navigation of the Moselle and canals ; diocesan 
limits ; payment of war indemnity ; conditions of evacua- 
tion on payment of instalments ; contributions and taxes 
during occupation ; maintenance of troops ; importations 
from ceded territories into France ; prisoners of war and 
disposition of French troops ; most favoured nation treat- 
ment, with the exception of certain States ; renewal of 
navigation, railway, and copyright treaties ; French 
shipping dues ; property of expelled Germans ; naturaliza- 
tion ; restoration of maritime prizes ; canalization of the 
Moselle ; treatment of nationals in circumstances arising 
from the war ; preservation of soldiers' graves ; additional 
stipulations reserved for further negotiations. The last 
Article (XVIII) provides for the exchange of ratifications. 

Three additional Articles were signed on the same day, 
relating to purchase of railways and railway rights, and 
rectification of the frontier near Belfort. 

Bavaria, Wurtemberg, and Baden acceded to this 
treaty on May 15, 1871. 

Two additional conventions, dated respectively October 1 2 
and December n, relating to customs, renewal of treaties, 

1 State Papers, vol. Ixii, p. 63. 2 Ibid., vol. Ixii, p. 77. 



CONSTITUTION OF GERMAN EMPIRE 273 

&c., were also signed, the first at Berlin, the second at 
Frankfort. 1 

A Constitution for the newly- established German Empire 
was promulgated at Berlin on April 16, 1871. 2 The terri- 
tory of the Empire (or Confederation) is therein declared 
to comprise ' the States of Prussia with Lauenburg, Bavaria, 
Saxony, Wurtemberg, Baden, Hesse, Mecklenburg-Schwe- 
rin, Saxe- Weimar, Mecklenburg-Strelitz, Oldenburg, Bruns- 
wick, Saxe-Meiningen, Saxe-Altenburg, Saxe-Coburg-Gotha, 
Anhalt, Schwarzburg-Rudolstadt, Schwarzburg-Sonders- 
hausen, Waldeck, Reuss Elder Line, Reuss Younger Line, 
Schaumburg-Lippe, Lippe, Lubeck, Bremen, and Hamburg ; . 

The Confederation, which was to bear the name of 
' German Empire ', was established, according to the 
preamble, for the protection of the territory of the Con- 
federation and the rights thereof, as well as to care for 
the welfare of the German people. 

One common nationality was declared to exist for entire 
Germany, so that every person belonging to any one of the 
Confederated States should be treated in every other of 
those States as a born native, with equal rights. Imperial 
laws were given precedence over laws of the States. A 
Council of the Confederation was formed in which Prussia 
had 17 votes (as in the previous Constitution of 1867), 
Bavaria 6 votes, Saxony and Wurtemberg 4 votes each, 
Baden and Hesse 3 votes each, Mecklenburg-Schwerin and 
Oldenburg 2 votes each, and the remaining States I vote 
each, making a total of 58 votes. The presidency of the 
Confederation was vested in the King of Prussia, ' who 
bears the name of German Emperor ', whose attribute it 
was to represent the Empire internationally, to declare 
war and to conclude peace, to enter into alliances and 
other treaties with foreign Powers, and to accredit and to 
receive ambassadors. The consent of the Council was 
declared necessary for the declaration of war, unless an 

1 State Papers, vol. Ixii, pp. 88, 92. Ibid., vol. Ixi, p. 58. 

1903 T 



274 THE FRANCO-GERMAN WAR 

attack on the territory of the Confederation should have 
taken place. One customs and commercial territory for 
the whole of Germany was decreed. The Constitution 
further dealt with the construction and management of 
imperial railways ; with postal and telegraph affairs ; 
with the navy (under the command of the Emperor), and 
the obligation of the maritime population to serve in it, 
while exempt from service in the land forces ; with the 
merchant navy ; with the appointment of consuls ; with 
universal military service, the strength of the army in 
peace, the entire force to form a single army under the 
command of the Emperor, &c. ; with the erection of 
fortresses ; with the imperial finances, &c. The last 
Article of the Constitution (Article LXXVIII) declares 
that alterations in the Constitution shall be considered as 
rejected if they have fourteen votes in the Council against 
them. 

The outcome of the Franco-German War thus embraced 
a further unification of all Germany (Austria excepted), as 
well as an accession of territory in the cession of Alsace and 
Lorraine by France, and the payment by France of a huge 
war indemnity of 5 milliards of francs. 

PRELIMINARY TREATY OF PEACE BETWEEN FRANCE AND 
GERMANY. SIGNED AT VERSAILLES, 26TH FEBRUARY, 
iSyi. 1 

ARTICLE I. France renounces in favour of the German 
Empire all her Rights and Titles over the Territories 
situated on the East of the Frontier hereafter described. 

The Line of Demarcation begins at the North-west 
Frontier of the Canton of Cattenom, towards the Grand 
Duchy of Luxemburg, follows on the South the Western 
Frontiers of the Cantons of Cattenom and Thionville, 
passes by the Canton of Briey, along the Western Frontiers 
of the Communes of Montjois-la-Montagne and Roncourt, 

1 French version in State Papers, vol. Ixii, p. 59; Hertslct, 
vol. iii, No. 438. 



PRELIMINARY TREATY OF 1871 275 

as well as the Eastern Frontiers of the Communes of Marie- 
aux-Chenes, St. Ail, Habonville, reaches the Frontier of 
the Canton de Gooze, which it crosses along the Communal 
Frontiers of Vionville, Bouxieres, and Onville, follows the 
South-west Frontier, south of the District of Metz, the 
Western Frontier of the District of Chateau-Salins, as far 
as the Commune of Pettoncourt, taking in the Western 
and Southern Frontiers thereof to follow the Crest of the 
Mountains between Seille and Moncel, as far as the Frontier 
of the District of Sarreburg, to the South of Garde. The 
demarcation afterwards coincides with the Frontier of 
that District as far as the Commune of Tanconville, reach- 
ing the Frontier to the North thereof, from thence it follows 
the Crest of the Mountains between the Sources of the 
White Sarre and Vezouze, as far as the Frontier of the 
Canton of Schirmeck, skirts the Western Frontier of that 
Canton, includes the Communes of Saales, Bourg-Bruche, 
Colroy-la-Roche, Plaine, Ranrupt, Saulxures, and St. 
Blaise-la-Roche of the Canton of Saales, and coincides 
with the Western Frontier of the Departments of the 
Lower Rhine and the Upper Rhine as far as the Canton 
of Belfort, the Southern Frontier of which it leaves not 
far from Vourvenans, to cross the Canton of Delle at the 
Southern Limits of the Communes of Bourogne and Froide 
Fontaine, and to reach the Swiss Frontier skirting the 
Eastern Frontiers of the Communes of Jonchery and Delle. 

The German Empire shall possess these Territories in 
perpetuity in all Sovereignty and Property. An Inter- 
national Commission, composed of an equal number of 
Representatives of the two High Contracting Parties, shall 
be appointed immediately after the exchange of the 
Ratifications of the present Treaty, to trace on the spot 
the new Frontier, in conformity with the preceding stipula- 
tions. 

This Commission shall preside over the Division of the 
Lands and Funds, which have hitherto belonged to Districts 
or Communes divided by the new Frontiers ; in case of 
disagreement in the tracing and the measures of execution, 
the Members of the Commission shall refer to their respec- 
tive Governments. 

The Frontier, such as it has just been described, is marked 
in green on two identic copies of the Map of the Territory 
forming the Government of Alsace, published at Berlin in 

T 2 



276 THE FRANCO-GERMAN WAR 

September 1870, by the Geographical and Statistical 
Division of the Staff, and a copy of which shall be annexed 
to both copies of the present Treaty. 

Nevertheless, the alteration of the above tracing has 
been agreed to by the two Contracting Parties. In the 
former Department of the Moselle, the Villages of Marie- 
aux-Ch6nes near St. Privat-la-Montagne, and Vionville to 
the west of Rezonville, shall be ceded to Germany. In 
exchange thereof, France shall retain the Town and Fortifi- 
cations of Belfort, with a Radius which shall be hereafter 
determined upon. 

ARTICLE II. France shall pay to His Majesty the 
Emperor of Germany the sum of 5,000,000,000 Francs 
(5 milliards). 

The Payment of at least 1,000,000,000 (one milliard) 
Francs shall be effected within the year 1871, and the whole 
of the remainder of the Debt in the space of 3 years, dating 
from the Ratification of the present Treaty. 

ARTICLE III. The Evacuation of the French Territory 
occupied by German Troops shall begin after the Ratifica- 
tion of the present Treaty by the National Assembly sitting 
at Bordeaux. Immediately after that Ratification, the 
German Troops shall quit the interior of Paris, as well as the 
Forts on the Left Bank of the Seine, and within the shortest 
possible delay agreed upon between the military authorities 
of the two Countries, they shall entirely evacuate the 
Departments of Calvados, Orne, Sarthe, Eure-et-Loire, 
Loiret, Loire-et-Cher, Indre-et-Loire, Yonne, and also the 
Departments of the Seine Inf6rieure, Eure, Seine-et-Oise, 
Seine-et-Marne, Aube, and C6te d'Or, as far as the Left 
Bank of the Seine. The French troops shall fall back at 
the same time behind the Loire, which they shall not be 
allowed to pass before the signature of the Definitive 
Treaty of Peace. The Garrison of Paris is excepted from 
this disposition, the number of which shall not exceed 
40,000 men, and the Garrisons indispensably necessary for 
the safety of the strongholds. 

The Evacuation of the Departments between the Right 
Bank of the Seine and the Eastern Frontier by German 
Troops shall take place gradually after the Ratification 
of the Definitive Treaty of Peace and the payment of the 
first 500,000,000 (half milliard) of the contribution stipu- 
lated by Article II, beginning with the Departments nearest 



PRELIMINARY TREATY OF 1871 277 

to Paris, and shall continue gradually, according to the 
proportion of the Payments made on account of the Con- 
tribution ; after the first Payment of a 500,000,000 (half 
milliard) that Evacuation shall take place in the following 
Departments : Somme, Oise, and the parts of the Depart- 
ments of the Seine Inferieure, Seine-et-Oise, Seine-et-Marne, 
situated on the Right Bank of the Seine, as well as the 
part of the Department of the Seine, and the Forts situated 
on the Right Bank. 

After the payment of 2,000,000,000 (two milliards), the 
German occupation shall only include the Departments of 
the Marne, Ardennes, Haute Marne,Meuse, Vosges, Meurthe, 
as well as the Fortress of Belfort, with its Territory, which 
shall serve as a pledge for the remaining 3,000,000,000 
(3 milliards), and in which the number of the German 
Troops shall not exceed 50,000 men. His Majesty the 
Emperor will be willing to substitute for the Territorial 
Guarantee, consisting in the partial occupation of the 
French Territory, a Financial Guarantee, should it be 
offered by the French Government under conditions con- 
sidered sufficient by His Majesty the Emperor and King 
for the interests of Germany. The 3,000,000,000 (3 mil- 
liards), the payment of which shall have been deferred, 
shall bear Interest at the rate of 5 per cent., beginning 
from the Ratification of the present Convention. 

ARTICLE IV. The German Troops shall abstain from 
levying contributions either in money or in kind in the 
occupied Departments. On the other hand, the mainten- 
ance of the German Troops remaining in France shall be 
at the expense of the French Government in the manner 
decided upon by an Agreement with the German Military 
Administration. 

ARTICLE V. The interests of the Inhabitants of the 
Territories ceded by France, in everything relating to their 
Commerce and their Civil Rights shall be regulated in as 
favourable a manner as possible when the conditions of 
the Definitive Peace are settled. A certain time will be 
fixed, during which they will enjoy particular advantages 
for the disposal of their produce. The German Government 
will put no obstacle in the way of Free Emigration by the 
Inhabitants from the ceded Territories, and shall take no 
steps against them affecting their Persons or their Property. 

ARTICLE VI. The Prisoners of War who shall not have 



278 THE FRANCO-GERMAN WAR 

been already set at liberty by exchange shall be given up 
immediately after the Ratification of the present Pre- 
liminaries. In order to accelerate the transport of French 
Prisoners, the French Government shall place at the 
disposal of the German Authorities in the interior of the 
German Territory a part of the rolling-stock of its Railways 
in such proportion as shall be determined by special 
arrangements, and at prices paid in France by the French 
Government for military transport. 

ARTICLE VII. The opening of negotiations for the 
Definitive Treaty of Peace to be concluded on the Basis 
of the present Preliminaries shall take place at Brussels, 
immediately after the Ratification of the latter by the 
National Assembly and by His Majesty the Emperor of 
Germany. 

ARTICLE VIII. After the conclusion and the Ratification 
of the Definitive Treaty of Peace, the Administration of 
the Departments which are still to remain occupied by the 
German Troops shall be made over to the French authori- 
ties. But the latter shall be bound to conform to the 
orders which the Commanders of the German troops may 
think necessary to give in the interests of the safety, 
maintenance, and distribution of the Troops. 

After the Ratification of the present Treaty, the Taxes 
in the occupied Departments shall be levied on account of 
the French Government, and by its own Officers. 

ARTICLE IX. It is well understood that these stipula- 
tions do not give to the German Military Authority any 
right over the parts of Territory which it does not actually 
occupy. 

ARTICLE X. The present Preliminary Treaty shall be 
immediately submitted to the Ratification of His Majesty 
the Emperor of Germany and to the French National 
Assembly sitting at Bordeaux. 

In testimony whereof the Undersigned have signed the 
present Preliminary Treaty, and sealed it with the Seal 
of their Arms. 

Done at Versailles, 26th February, 1871. 

(L.S.) BISMARCK. (L.S.) A. THIERS. 

(L.S.) JULES FAVRE. 



DEFINITIVE TREATY OF 1871 279 

ACCESSION OF BADEN, BAVARIA, AND WURTEMBERG. 

The Kingdoms of Bavaria and Wurtemberg, and the 
Grand Duchy of Baden, having taken part in the actual 
War as Allies of Prussia, and now forming part of the 
Germanic Empire, the Undersigned adhere to the present 
Convention in the name of their respective Sovereigns. 

Versailles, 26th February, 1871. 

CTE. DE BRAY-STEINBURG. MITTNACHT. 
BN. DE WACHTER. JOLLY. 

DEFINITIVE TREATY OF PEACE BETWEEN FRANCE AND 
GERMANY. SIGNED AT FRANKFORT, IOTH MAY, 1871. x 

ARTICLE I. The distance between the Town of Belfort 
and the Line of Frontier, such as it had been proposed 
during the negotiations of Versailles, and such as it is 
marked on the Map annexed to the Ratifications of the 
Preliminaries of the 26th February, is considered as describ- 
ing the Radius which, by virtue of the Clause relating 
thereto in Article I of the Preliminaries, is to remain to 
France with the Town and Fortifications of Belfort. 

The German Government is disposed to extend that 
Radius so as to include the Cantons of Belfort, Delle, and 
Giromagny, as well as the western part of the Canton of 
Fontaine, to the West of a line to be traced from the spot 
where the Canal from the Rhone to the Rhine leaves the 
Canton of Delle to the South of Montreux-Chateau, to the 
Northern Limits of the Canton between Bourg and Felon 
where that Line would join the Eastern Limit of the 
Canton of Giromagny. 

The German Government will, nevertheless, not cede 
the above Territories unless the French Republic agrees, 
on its part, to a rectification of Frontier along the Western 
Limits of the Cantons of Cattenom and Thionville which 
will give to Germany the Territory to the East of a Line 
starting from the Frontier of Luxemburg between Hussigny 
and Redingen, leaving to France the Villages of Thil and 
Villerupt, extending between Erronville and Aumetz 
between Beuvillers and Boulange, between Trieux and 

1 French version in State Papers, vol. Ixii, pp. 77, 83. Hertslet, 
vol. iii, No. 446. 



280 THE FRANCO-GERMAN WAR 

Lomeringen, and joining the ancient Line of Frontier 
between Avril and Moyeuvre. 

The International Commission, mentioned in Article I 
of the Preliminaries, shall proceed to the spot immediately 
after the Ratifications of the present Treaty to execute the 
Works entrusted to them and to trace the new Frontier, 
in accordance with the preceding dispositions. 

ARTICLE II. French Subjects, Natives of the ceded 
Territories, actually domiciled on that Territory, who shall 
preserve their Nationality, shall up to the ist October, 
1872, and on their making a previous Declaration to that 
effect to the Competent Authority, be allowed to change 
their domicile into France and to remain there, that right 
in nowise infringing on the Laws on Military Service, in 
which case the title of French Citizen shall be maintained. 

They shall be at liberty to preserve their Immovables 
situated in the Territory united to Germany. 

No Inhabitant of the ceded Territory shall be prosecuted, 
annoyed, or sought for, either in his person or his property, 
on account of his Political or Military Acts previous to the 
War. 

ARTICLE III. The French Government shall deliver over 
to the German Government the Archives, Documents, and 
Registers relating to the Civil, Military, and Judicial 
Administration of the ceded Territories. Should any of the 
Documents be found missing, they shall be restored by 
the French Government on the demand of the German 
Government. 

ARTICLE IV. The French Government shall make over 
to the Government of the Empire of Germany within the 
term of 6 Months dating from the exchange of the Ratifica- 
tions of this Treaty : I. The amount of the sum deposited 
by the Departments, Communes, and Public Establish- 
ments of the ceded Territories. 2. The amount of the 
premium of Enlistment and Discharge belonging to 
Soldiers and Sailors natives of the ceded Territory who 
shall have chosen the German Nationality. 3. The Amount 
of Security of responsible Agents of the State. 4. The 
Amount of Sums deposited for Judicial Consignments on 
account of measures taken by the Administrative or 
Judicial Authorities in the ceded Territories. 

ARTICLE V. The two Nations shall enjoy equal privileges 
as far as regards the Navigation on the Moselle, the Canal 



DEFINITIVE TREATY OF 1871 281 

of the Marne to the Rhine, the Canal of the Rhone to the 
Rhine, the Canal of the Sarre and the Navigable Waters 
communicating with those channels of Navigation. The 
Right of Floatage shall be maintained. 

ARTICLE VI. The High Contracting Parties being of 
opinion that the Diocesan circumscriptions of the Terri- 
tories ceded to the German Empire must agree with the 
new Frontier determined upon by Article I above, will 
consider, without delay, after the Ratification of the present 
Treaty, upon the measures to be taken in common on the 
subject. 

The Communities belonging either to the Reformed 
Church or to the Augsburg Confession, established on the 
Territories ceded by France, shall cease to be under French 
Ecclesiastical Authority. 

The Communities of the Church of the Augsburg Confes- 
sion established in the French Territories shall cease to 
be under the Superior Consistories and of the Directors 
residing at Strasburg. 

The Jewish Communities of the Territories situated to 
the East of the new Frontier shall cease to depend on the 
Central Jewish Consistory residing at Paris. 

ARTICLE VII. The payment of 500,000,000 (| milliard) 
shall be made within 30 days after the re-establishment of 
the Authority of the French Government in the City of 
Paris. 1,000,000,000 (i milliard) shall be paid in the course 
of the year, and 500,000,000 (^ milliard) on the ist May, 
1872. The last 3,000,000,000 (3 milliards) shall remain 
payable on the 2nd March, 1874, as stipulated in the 
Preliminary Treaty. From the 2nd March of the present 
year the Interest on those 3,000,000,000 francs (3 milliards) 
shall be paid each year on the 3rd March, at the rate of 
5 per cent, per annum. 

All sums paid in advance on the last 3,000,000,000 shall 
cease to bear Interest from the day on which the payment 
is made. 

The payment can only be made in the principal German 
Commercial Towns, and shall be made in metal, Gold or 
Silver, in Notes of the Bank of England, in Prussian Bank 
Notes, in Netherlands Bank Notes, in Notes of the National 
Bank of Belgium, in first class Negotiable Bills to Order 
or Letters of Exchange, payable at sight. 

The German Government having fixed in France the 



282 THE FRANCO-GERMAN WAR 

value of a Prussian Thaler at 3 francs 75 centimes, the 
French Government accepts the conversion of the Moneys 
of both Countries at the rate above stated. 

The French Government will inform the German Govern- 
ment, 3 months in advance, of all payments which it 
intends to make into the Treasury of the German 
Empire. 

After the payment of the first 500,000,000 ( milliard) 
and the Ratification of the Definitive Treaty of Peace, the 
Departments of the Somme, Seine Inferieure, and Eure 
shall be evacuated in so far as they shall be found to be 
still occupied by German Troops. The Evacuation of the 
Departments of the Oise, Seine-et-Oise, Seine-et-Marne, 
and Seine, as well as the Forts of Paris, shall take place 
so soon as the German Government shall consider the re- 
establishment of Order, both in France and Paris, sufficient 
to ensure the execution of the Engagements contracted 
by France. 

Under all circumstances, the Evacuation shall take place 
after the payment of the third 500,000,000 ( milliard). 

The German Troops, for their own security, shall have 
at their disposal the Neutral Zone between che German 
line of Demarcation and the Paris enclosure on the Right 
Bank of the Seine. 

The stipulations of the Treaty of 26th February relative 
to the occupation of French Territories after the payment 
of the 2,000,000,000 (2 milliards), shall remain in force. 
None of the deductions which the French Government 
might have a right to make shall be made on the payment 
of the first 500,000,000 (-|- milliard). 

ARTICLE VIII. German Troops shall continue to abstain 
from levying contributions either in kind or money in the 
occupied Territories ; that obligation on their part being 
correlative to the obligations contracted for their mainten- 
ance by the French Government, in case the French Govern- 
ment, notwithstanding the reiterated demands of the 
German Government, was behindhand in the execution of 
the said obligations, the German Troops will have the 
right to procure what is necessary to their wants by 
levying Taxes and Contributions in the occupied Depart- 
ments, and even outside of them, should their resources 
not be sufficient. 

With reference to the Maintenance of the German Troops, 



DEFINITIVE TREATY OF 1871 283 

the system actually in force shall be continued until the 
Evacuation of the Paris Forts. 

In virtue of the Convention of Ferrieres, of nth March, 
1871, the reductions pointed out by that Convention shall 
be put into force after the Evacuation of the Forts. 1 

As soon as the effective of the German Army shall be 
reduced below the number of 500,000 men, account shall 
be taken of the reductions made below that number to 
establish a proportionate diminution in the price of the 
Maintenance of the Troops paid by the French Government. 

ARTICLE IX. The exceptional Treatment at present 
granted to the Produce of the Industry of the ceded 
Territories for Imports into France, shall be continued for 
6 months, from the ist March, under the conditions made 
with the Commissioners of Alsace. 

ARTICLE X. The German Government shall continue 
to deliver up Prisoners of War, making arrangements with 
the French Government. The French Government shall 
send to their homes such of the Prisoners as can be dis- 
charged. As for those who shall not have completed their 
term of service, they shall be sent beyond the Loire. It 
is understood that the Army of Paris and Versailles, after 
the re-'establishment of the authority of the French Govern- 
ment at Paris, and until the Evacuation of the Forts by 
German Troops, shall not exceed 80,000 men. Until that 
Evacuation, the French Government shall not concentrate 
Troops on the Right Bank of the Loire, but it shall provide 
Garrisons in the Towns within that circuit, according to 
the necessities for the maintenance of Public Order and 
Peace. 

As the Evacuation shall proceed, the Commanders of 
Regiments -shall agree together as to a Neutral Circuit 
between the Armies of the two Nations. 

20,000 Prisoners shall be sent without delay to Lyons 
on condition that they are immediately sent to Algiers, 
after their organization, to be employed in that Colony. 

ARTICLE XI. The Treaties of Commerce with the 
different States of Germany having been annulled by the 
War, the French Government and the German Govern- 
ment will adopt as the basis of their Commercial Relations 

1 Convention for the execution of the Preliminaries of Peace : 
State Papers, vol. Ixii, p. 65. 



284 THE FRANCO-GERMAN WAR 

the system of reciprocal Treatment on the footing of the 
Most favoured Nation. 

Are included therein Import and Export Duties, Transit 
Dues, Customs Formalities, the admission and treatment 
of both Nations as well as their Agents. 

Shall nevertheless be excepted from the above Rule the 
favours which one of the Contracting Parties has granted 
or may grant, by Treaties of Commerce, to other States 
than the following : Great Britain, Belgium, Netherlands, 
Switzerland, Austria, Russia. 

The Treaties of Navigation as well as the Convention 
relative to the International Service of Railways in its 
relation with the Customs, and the Convention for the 
reciprocal Guarantee of Literary and Artistic Works, shall 
be renewed. 

The French Government nevertheless reserves to itself 
the right of levying Tonnage and Shipping Duties (Droit 
de Pavilion) on German Vessels and their Cargoes, under 
the reservation that those Duties shall not be higher than 
those imposed on Vessels and Cargoes of the above-men- 
tioned Nations. 

ARTICLE XII. All expelled Germans shall preserve the 
full and entire enjoyment of all Property which they may 
have acquired in France. 

Such Germans who had obtained the authority required 
by French Laws to establish their Domicile in France 
shall be reinstated in all their Rights, and may conse- 
quently again establish their Domicile in French Territory. 

The delay stipulated by French Laws to obtain Naturali- 
sation shall be considered as not having been interrupted 
by the state of War for persons who shall take advantage 
of the above-mentioned facility of returning to France 
within 6 months after the exchange of the Ratifications 
of this Treaty, and the time which has elapsed between 
their expulsion and their return to the French Territory 
shall be taken into account, as if they had never ceased 
to reside in France. 

The above conditions shall be applicable in perfect 
reciprocity to the French Subjects residing, or wishing to 
reside, in Germany. 

ARTICLE XIII. German Vessels condemned by Prize 
Courts before the 2nd March, 1871, shall be considered as 
definitively condemned. 



ADDITIONAL ARTICLES 285 

Those not condemned at the above-mentioned date shall 
be restored with their Cargo in so far as it still exists. If 
the restoration of the Vessels and Cargo is no more possible, 
their value, fixed according to the price of the sale, shall 
be restored to their Owners. 

ARTICLE XIV. Each of the two Parties shall continue 
on his Territory the Works undertaken for the Canalisa- 
tion of the Moselle. The Common Interests of the separate 
parts of the two Departments of the Meurthe and the 
Moselle shall be liquidated. 

ARTICLE XV. The High Contracting Parties mutually 
engage to extend to their respective Subjects the measures 
which they may consider necessary to adopt in favour of 
those of their Subjects who, in consequence of the events 
of the War, may have been prevented arriving in time for 
the safety or the preservation of their Rights. 

ARTICLE XVI. The two Governments, French and 
German, reciprocally engage to respect and preserve the 
Tombs of Soldiers buried in their respective Territories. 

ARTICLE XVII. The Regulation of additional Stipula- 
tions upon which an understanding is to be come to in 
consequence of this Treaty and the Preliminary Treaty, 
will be the object of further Negotiations which shall take 
place at Frankfort. 

ARTICLE XVIII. The Ratification of the present Treaty 
by the National Assembly and by the Chief of the Executive 
of the French Republic, on the one part, and on the other 
by the Emperor of Germany, shall be exchanged at Frank- 
fort, in the delay of 10 days, or sooner if possible. 

In faith whereof the respective Plenipotentiaries have 
signed it and affixed thereto the Seal of their Arms. 

Done at Frankfort, loth May, 1871. 

(L.S.) JULES FAVRE. (L.S.) BISMARCK. 

(L.S.) POUYER-QUERTIER. (L.S.) ARNIM. 
(L.S.) DE GOULARD. 

ADDITIONAL ARTICLES. 1 

ARTICLE I. i. From this date until the date fixed for 
the exchange of the Ratifications of the present Treaty 
the French Government shall exercise its right of redemp- 

1 Translated from the French as given in State Papers, vol. Ixii, 
pp. 83, 84. 



286 THE FRANCO-GERMAN WAR 

tion of the Concession granted to the Eastern Railway 
Company (Compagnie des Chemins de Fer de 1'Est). The 
German Government shall be surrogated in respect of all 
the rights which the French Government shall have 
acquired by the repurchase of the concessions so far as 
they concern the railways situated within the ceded 
territories whether completed or in course of construction. 
2. The following shall be included in this concession : 

1. All the lands belonging to the said company, whatever 
shall be their purpose, such as establishments fora terminus, 
for stations, sheds, workshops and store houses, houses of 
keepers of the line, &c. 

2. All immovables connected with them, such as gates, 
fences, points, turntables, water-tanks, hydraulic cranes, 
stationary engines, &c. 

3. All materials, combustibles and supplies of all kinds, 
furniture of stations, tools of work-shops and stations, &c. 

4. Sums of money due to the Eastern Railway Company 
by way of subsidy granted by corporations or persons 
domiciled within the ceded territories. 

3. Rolling-stock is excluded from this concession. The 
German Government will give up to the French Govern- 
ment that part of the rolling-stock, with its accessories 
which shall be found in its possession. 

4. The French Government undertakes as towards the 
German Empire, entirely to exempt the ceded railways 
and their dependances from all rights claimed by third 
parties, and particularly those of the Bondholders (Obli- 
gataires). 

It undertakes equally, should the case arise, to take the 
place of the German Government in the matter of any 
claims which may be brought against that Government by 
any creditors of the railways in question. 

5. The French Government will make itself liable for 
any claims of the Eastern Railway Company preferred 
against the German Government or its Agents on account 
of the working of the said railways and for the use of the 
objects indicated in the above 2 and of the rolling-stock. 
The German Government will communicate to the French 
Government, on its demand, all the documents and all the 
information which may serve to establish the facts upon 
which the above-mentioned claims may be founded. 

6. The German Government will pay to the French 



ADDITIONAL ARTICLES 287 

Government for the cession of the proprietary rights indi- 
cated in i and 2, and as an equivalent for the engagement 
taken by the French Government in 4, the sum of 
325,000,000 francs. 

This sum shall be deducted from the war indemnity 
stipulated for in Article VII. Seeing that the circumstances 
which constituted the basis for the Convention concluded 
between the Company of the Eastern Railways and the 
Royal Grand Ducal Society of the Guillaume-Luxembourg 
Railways dated June 6, 1857 an d January 21, 1868, and 
that concluded between the Government of the Grand 
Duchy of Luxembourg and the Societies of the Guillaume- 
Luxembourg and the French Eastern Railways of December 
5, 1868, have been essentially modified to an extent that 
they are not applicable to the state of things created by 
the stipulations contained in i, the German Government 
declares itself ready to take over the rights and liabilities 
resulting from these Conventions from the Company of 
the Eastern Railways. 

In case the French Government should acquire (serait 
subroge), either by the repurchase of the Concession of 
the Eastern Railways Company, or as a consequence of 
a special understanding, the rights of that Company in 
virtue of the above-mentioned Conventions, it undertakes 
to cede those rights to the German Government gratuitously 
within the period of six weeks. 

In case the above-mentioned acquisition should not be 
effected, the French Government will only grant concessions 
in respect of the lines of railway belonging to the Eastern 
Company and situated within French territory, on the ex- 
press condition that the holder of the Concessions shall 
not work the railway lines situated in the Grand Duchy of 
Luxembourg. 

ARTICLE II. The German Government offers 2,000,000 
francs for the rights and properties possessed by the Com- 
pany of the Eastern Railways on that portion of its system 
situated on Swiss territory from the frontier at Bale, 
provided that the French Government signifies its consent 
within a period of one month. 

ARTICLE III. The Cession of Territory near Belfort, 
offered by the German Government in Article I of the present 
Treaty in exchange for the rectification of the frontier 
required to the West of Thionville, shall be increased by the 



288 THE FRANCO-GERMAN WAR 

Territories of the following Villages : Rougemont, Leval, 
Petite-Fontaine, Romagny, Felon, La-Chapelle-sous-Rouge- 
mont, Angeot, Vauthier-Mont, Riviere, Grasige, Reppe, 
Fontaine, Frais, Foussemagne, Cunelieres, Montreux- 
Chateau, Brelagne, Chavannes-les-Grands, Chavanatte, and 
Suarce. 

The Giromagny and Remiremont Road, thoroughfare to 
the Balloon of Alsace, shall remain to France throughout 
its whole extent, and shall serve as a Limit in so far as it 
is situated outside the Canton of Giromagny. 

Done at Frankfort, loth May, 1871. 

(L.S.) JULES FAVRE. (L.S.) BISMARCK. 

(L.S.) POUYER-QUERTIER. (L.S.) ARNIM. 
(L.S.) DE GOULARD. 

CONSTITUTION OF THE GERMAN EMPIRE. BERLIN, 
i6TH APRIL, iSyi. 1 

(Translation.) 

His Majesty the King of Prussia in the name of the North 
German Confederation, His Majesty the King of Bavaria, 
His Majesty the King of Wurtemberg, His Royal Highness 
the Grand Duke of Baden, and His Royal Highness the 
Grand Duke of Hesse and by Rhine, for those parts of the 
Grand Duchy of Hesse which are south of the river Main, 
conclude an everlasting Confederation for the protection 
of the Territory of the Confederation and the rights thereof, 
as well as to care for the welfare of the German people. 
This Confederation will bear the name ' German Empire ', 
and is to have the following 

CONSTITUTION. 

I. Territory of the Confederation. 

ARTICLE I. The Territory of the Confederation is com- 
prised of the States of Prussia with Lauenburg, Bavaria, 
Saxony, Wurtemberg, Baden, Hesse, Mecklenburg-Schwerin, 
Saxe- Weimar, Mecklenburg -Strelitz, Oldenburg, Bruns- 
wick, Saxe-Meiningen, Saxe-Altenburg, Saxe-Coburg-Gotha, 
Anhalt, Schwarzburg-Rudolstadt, Schwarzburg-Sonders- 
hausen, Waldeck, Reuss Elder Line, Reuss Younger Line, 
Schaumburg-Lippe, Lippe, Lubeck, Bremen, and Hamburg. 

1 From a translation in State Papers, vol. Ixi, p. 58. The Con- 
stitution of 1871 was superseded by the Republican Constitution of 
Aug. ii, 1919. 



CONSTITUTION OF GERMAN EMPIRE 289 

II. Legislature of the Empire. 

ARTICLE II. Within this Confederate Territory the 
Empire exercises the right of legislation according to 
the tenor of this Constitution, and with the effect that the 
Imperial laws take precedence of the laws of the States. 
The Imperial laws receive their binding power by their 
publication in the name of the Empire, which takes place 
by means of an Imperial Law Gazette. If the date of its 
first coming into force is not otherwise fixed in the published 
law, it comes into force on the I4th day after the close of 
the day on which the part of the Imperial Law Gazette 
which contains it is published at Berlin. 

ARTICLE III. For entire Germany one common nation- 
ality exists with the effect, that every person (subject, 
State-citizen) belonging to any one of the Confederated 
States is to be treated in every other of the Confederated 
States as a born native, and accordingly must be permitted 
to have a fixed dwelling, to trade, to be appointed to public 
offices, to acquire real estate property, to obtain the rights 
of a State-citizen, and to enjoy all other civil rights under 
the same presuppositions as the natives, and likewise is to 
be treated equally with regard to legal prosecution or legal 
protection. 

No German may be restricted from the exercise of this 
right by the authorities of his own State or by the authorities 
of any of the other Confederated States. 

Those regulations which have reference to the care of 
the poor, and their admission into local parishes are not 
affected by the principles set down in the first paragraph. 

Until further notice the Treaties likewise remain in force 
which have been entered into by the particular States 
of the Confederation regarding the reception of persons 
expelled, the care of sick persons, and the burial of deceased 
persons belonging to the States. 

What is needful for the fulfilment of military duty in 
regard to the native country will be ordered by the way of 
Imperial legislation. 

Every German has the same claim to the protection of 
the Empire with regard to foreign nations. 

ARTICLE IV. The following affairs are subject to the 
superintendence and legislation of the Empire : 

i. The regulations as to freedom of translocation, 

1903 



290 THE FRANCO-GERMAN WAR 

domicile, and settlement affairs, right of citizenship, pass- 
port and police regulations for strangers, and as to transact- 
ing business including insurance affairs, in so far as these 
objects are not already provided for by Article III of this 
Constitution. In Bavaria, however, the domicile and settle- 
ment affairs, and likewise the affairs of colonization and 
emigration to foreign countries are herefrom excluded ; 

2. The customs and commercial legislation, and the 
taxes which are to be applied to the requirements of the 
Empire ; 

3. The regulation of the system of the coinage, weights, 
and measures, likewise the establishment of the principles 
for the issue of funded and unfunded paper money ; 

4. The general regulations as to banking ; 

5. The granting of patents for inventions ; 

6. The protection of intellectual property ; 

7. The organization of the common protection of German 
commerce in foreign countries, of German vessels and their 
flags at sea, and the arrangement of a common Consular 
representation, which is to be salaried by the Empire ; 

8. Railway affairs, excepting in Bavaria the arrange- 
ments in Article XLVI, and the construction of land and 
water communications for the defence of the country and 
for the general intercourse ; 

9. The rafting and navigation affairs on waterways 
belonging in common to several of the States, and the 
condition of the waterways, and likewise the river or other 
water dues ; 

10. Postal and telegraph affairs ; in Bavaria and Wur- 
temberg, however, only with reference to the provisions 
of Article LII ; 

11. Regulations as to the reciprocal execution of judg- 
ments in civil affairs and the settlement of requisitions in 
general ; 

12. Likewise as to the verification of public documents ; 

13. The general legislation as to obligatory rights, penal 
law, commercial and bill-of -exchange laws, and judicial 
procedure ; 

14. The military and naval affairs of the Empire ; 

15. The measures of medicinal and veterinary police ; 

16. The regulations for the press and for union societies. 
ARTICLE V. The Legislation of the Empire is carried on 

by the council of the Confederation and the Imperial Diet. 



CONSTITUTION OF GERMAN EMPIRE 291 

The accordance of the majority of votes in both Assemblies 
is necessary and sufficient for a law of the Empire. 

In projects of law on military affairs, on naval affairs, 
and on the taxes mentioned in Article XXXV, the President 
has the casting vote in cases where there is a difference of 
opinion, if his vote is in favour of the maintenance of the 
existing arrangements. 

III. Council of the Confederation. 

ARTICLE VI. The Council of the Confederation consists 
of the Representatives of the Members of the Confederation, 
amongst which the votes are divided in such a manner 
that Prussia has, with the former votes of Hanover, Electoral 
Hesse, Holstein, Nassau, and Frankfort, 

17 votes. 

Bavaria . . . . 6 

Saxony . . . . . 4 ,, 

Wurtemberg . . . . 4 ,, 

Baden . . . . . 3 

Hesse 3 

Mecklenburg-Schwerin . . 2 

Saxe- Weimar . . . i 

Mecklenburg-Strelitz . . . i 

Oldenburg i 

Brunswick . . . . .2 

Saxe-Meiningen . i 

Saxe-Altenburg . . . i 

Saxe-Coburg-Gotha . . . i 

Anhalt i 

Schwarzburg-Rudolstadt . . i 

Schwarzburg-Sondershausen . i 

Waldeck . . . . . i 

Reuss Elder Line . . . i 

Reuss Younger Line . . . i 

Schaumburg-Lippe . . . i 

Lippe ..... i 

Lubeck i 

Bremen ..... i 

Hamburg . . . . . i 



u 2 



Total 58 votes. 



292 THE FRANCO-GERMAN WAR 

Each member of the Confederation can nominate as 
many Plenipotentiaries to the Council of the Confederation 
as it has votes ; but the totality of such votes can only 
be given in one sense. 

ARTICLE VII. The Council of the Confederation deter- 
mines : 

1. What Bills are to be brought before the Imperial 
Diet, and on the resolutions passed by the same ; 

2. As to the administrative measures and arrangements 
necessary for the general execution of the Imperial Legisla- 
tion, in so far as no other Imperial law has decreed to the 
contrary ; 

3. As to defects which have made themselves manifest 
in the execution of the Imperial laws or the above-mentioned 
measures and arrangements. 

Every member of the Confederation has the right to 
propose Bills and to recommend them, and the Presidency 
is bound to bring them under debate. 

The decisions take place by simple majority, with the 
reservation of the stipulations in the Articles V, XXXVII, 
and LXXVIII. Non-represented votes, or votes without 
instructions, are not counted. In equal divisions the 
Presidential is the casting vote. 

In decisions upon affairs, wherein, according to the rules 
of this Constitution, the whole Empire has not a common 
interest, only the votes of those Confederated States are 
counted which are interested in common. 

ARTICLE VIII. The Council of the Confederation forms 
permanent Committees from its own members ; 

1. For the land army and fortresses. 

2. For naval affairs. 

3. For customs and taxes. 

4. For commerce and intercourse. 

5. For railways, post, and telegraphs. 

6. For affairs of justice. 

7. For finances. 

In each of these Committees, besides the Presidency, at 
least 4 of the Confederated States will be represented, and 
in the same each State only has one vote. In the Committee 
for the land army and fortresses, Bavaria has a perpetual 
seat, the other members thereof, as well as the members 
for the Naval Committee, are nominated by the Emperor ; 
the members of the other Committees are elected by the 



CONSTITUTION OF GERMAN EMPIRE 293 

Council of the Confederation. The composition of these 
Committees is to be renewed for every session of the 
Council of the Confederation or respectively every year, 
when the outgoing members may be re-elected. 

Besides these in the Council of the Confederation a 
Committee for Foreign Affairs will be formed, comprised 
of the Representatives of the Kingdoms of Bavaria, Saxony, 
and Wurtemberg, and of two other Representatives of 
other Confederated States, who will be yearly elected by 
the Council of the Confederation, in which Committee 
Bavaria will occupy the chair. 

The necessary officials will be placed at the disposal of 
these Committees. 

ARTICLE IX. Every member of the Council of the 
Confederation has the right to appear in the Imperial 
Diet, and must at his desire at all times be heard, in order 
to represent the views of his Government, even when these 
views have not been adopted by the majority of the Council 
of the Confederation. No one may at the same time be 
a member of the Council of the Confederation and of the 
Imperial Diet. 

ARTICLE X. The Emperor is bound to afford the usual 
diplomatic protection to the members of the Council of 
the Confederation. 

IV. The Presidency. 

ARTICLE XI. The Presidency of the Confederation 
belongs to the King of Prussia, who bears the name of 
German Emperor. The Emperor has to represent the Empire 
internationally, to declare war, and to conclude peace in 
the name of the Empire, to enter into alliances and other 
Treaties with Foreign Powers, to accredit and to receive 
Ambassadors. 

The consent of the Council of the Confederation is 
necessary for the declaration of war in the name of the 
Empire, unless an attack on the territory or the coast of 
the Confederation has taken place. 

In so far as Treaties with Foreign States have reference 
to affairs which, according to Article IV, belong to the 
jurisdiction of the Imperial Legislation, the consent of 
the Council of the Confederation is requisite for their 
conclusion, and the sanction of the Imperial Diet for their 
coming into force. 



294 THE FRANCO-GERMAN WAR 

ARTICLE XII. The Emperor has the right to summon, 
to open, to prorogue, and to close both the Council of the 
Confederation and the Imperial Diet. 

ARTICLE XIII. The summoning of the Council of the 
Confederation, and of the Imperial Diet, takes place once 
each year, and the Council of the Confederation can be 
called together for preparation of business without the 
Imperial Diet being likewise summoned, whereas the latter 
cannot be summoned without the Council of the Confedera- 
tion. 

ARTICLE XIV. The Council of the Confederation must 
be summoned whenever one-third of the votes require it. 

ARTICLE XV. The presidency in the Council of the 
Confederation and the direction of the business belongs to 
the Chancellor of the Empire, who is to be appointed by 
the Emperor. 

The Chancellor of the Empire can be represented, on his 
giving written information thereof, by any other member 
of the Council of the Confederation. 

ARTICLE XVI. The requisite motions, in accordance with 
the votes of the Council of the Confederation will be brought 
before the Imperial Diet in the name of the Emperor, 
where they will be supported by members of the Council 
of the Confederation, or by particular Commissioners 
nominated by the latter. 

ARTICLE XVII. The expedition and proclamation of 
the laws of the Empire, and the care of their execution, 
belongs to the Emperor. The Orders and Decrees of the 
Emperor are issued in the name of the Empire and require 
for their validity the counter-signature of the Chancellor 
of the Empire, who thereby undertakes the responsibility. 
ARTICLE XVIII. The Emperor nominates the Imperial 
officials, causes them to be sworn for the Empire, and, 
when necessary, decrees their dismissal. 

The officials of any State of the Confederation, when 
appointed to any Imperial office, are entitled to the same 
rights with respect to the Empire, as they would enjoy 
from their official position in their own country, excepting 
in such cases as have otherwise been provided for by the 
Imperial Legislation before their entrance into the Imperial 
service. 

ARTICLE XIX. Whenever members of the Confederation 
do not fulfil their Constitutional duties towards the Con- 



CONSTITUTION OF GERMAN EMPIRE 295 

federation, they may be constrained to do so by way of 
execution. Such execution must be decreed by the Council 
of the Confederation, and be carried out by the Emperor. 

V. Imperial Diet. 

ARTICLE XX. The Imperial Diet is elected by universal 
and direct election with secret votes. 

Until the legal arrangement reserved in 5 of the Election 
Laws of 3ist May, 1869 (Federal Law Gazette, 1869, page 
145), has been made, there are to be elected in Bavaria, 
48 ; in Wurtemberg, 17 ; in Baden, 14 ; Hesse, south of 
the Main, 6 members, and the total number of the members 
consists, therefore, of 382. 

ARTICLE XXI. Officials do not require any leave of 
absence on entering into the Imperial Diet. 

If any member of the Imperial Diet accepts of any 
salaried appointment of the Empire, or of any State of 
the Confederation, or enters into any Imperial or State 
office to which a higher rank, or higher salary is attached, 
he loses his seat and service in the Diet, and can only 
regain his position in the same by re-election. 

ARTICLE XXII. The proceedings of the Imperial Diet 
are public. 

Accurate reports of the proceedings in the public sittings 
of the Imperial Diet are free from any responsibility. 

ARTICLE XXIII. The Imperial Diet has the right to 
propose laws within the competency of the Empire, and to 
forward Petitions which have been addressed to it to the 
Council of the Confederation, or to the Chancellor of the 
Empire. 

ARTICLE XXIV. The Legislative Period of the Imperial 
Diet is 3 years. For a Dissolution of the Imperial Diet 
within this time, a Resolution of the Council of the Con- 
federation, with the Assent of the Emperor, is requisite. 

ARTICLE XXV. In case of a Dissolution of the Imperial 
Diet, the Meeting of the Electors must be called within 
a period of 60 days after such dissolution, and within 
a period of 90 days the Imperial Diet must be summoned. 

ARTICLE XXVI. Without the assent of the Imperial 
Diet the Prorogation of the same may not be extended 
over 30 days, and it can never be repeated during the same 
session. 



296 THE FRANCO-GERMAN WAR 

ARTICLE XXVII. The Imperial Diet scrutinizes the 
legality of the credentials of its Members, and decides there- 
on. It regulates its own method of business and discipline 
by a business-order, and elects its President, Vice-Presidents, 
and Secretaries. 

ARTICLE XXVIII. The Imperial Diet decides by abso- 
lute Majority of Votes. The presence of a majority of the 
legal number of the members is necessary for the validity 
of a resolution. 

In Voting on a matter which, according to the stipulations 
of this Constitution, is not common to the whole Empire, 
only the votes of those members will be counted who have 
been elected in those Confederate States to which the 
matter is common. 

ARTICLE XXIX. The Members of the Imperial Diet are 
Representatives of the entire people, and are not bound by 
orders and instructions. 

ARTICLE XXX. No Member of the Imperial Diet can 
at any time be proceeded against, either judicially or by 
way of discipline, on account of his votes, or for expressions 
made use of in the exercise of his functions, nor can he 
be made responsible in any other way out of the Assembly. 

ARTICLE XXXI. Without the assent of the Imperial 
Diet, no Member of the same may be placed under examina- 
tion or arrested during the period of the Session for any 
deed subject to punishment, except when taken in the 
fact, or in the course of the following day. 

The same assent is needful in arrest for debt. 

At the requisition of the Imperial Diet, every correctional 
procedure against a Member of the same, and all investiga- 
tions or civil arrests must be relinquished for the duration 
of the period of the Session. 

ARTICLE XXXII. The Members of the Imperial Diet 
must not receive any Salary or Indemnification in that 
capacity. 

VI. Customs and Commercial Affairs. 

ARTICLE XXXIII. Germany forms one Customs and 
Commercial Territory, encircled by a common Customs 
frontier. Those separate parts of Territory are excluded 
which, from their position, are not adapted for inclusion 
in the Customs frontier. 

All articles of free trade in any one of the States of the 



CONSTITUTION OF GERMAN EMPIRE 297 

Confederation may be introduced into any other State of 
the Confederation, and can only be subjected to a duty 
in the latter in so far as similar articles produced in that 
State are subject to a home duty. 

ARTICLE XXXIV. The Hanseatic towns Bremen and 
Hamburg, with so much of their own or of the adjacent 
Territory as may be needful for the purpose, remain as 
free ports outside the common Customs frontier until 
they apply to be admitted therein. 

ARTICLE XXXV. The Empire has the sole right of 
Legislation in all Custom-house affairs, in the taxation of 
Salt and Tobacco produced in the Territories of the Con- 
federation, Beer, and Spirit, and Sugar, and Syrup, or other 
home productions made from beetroot, in the reciprocal 
protection of consumption duties raised in the separate 
States of the Confederation against defraudations, as well 
as in such measures as the Customs Committees may find 
requisite for the security of the common Customs frontier. 

In Bavaria, Wurtemberg, and Baden, the Taxation of 
the native Spirit and Beer remains for the present subject 
to the laws of the land. But the States of the Confederation 
will direct their efforts to bring about an assimilation in 
the taxation of these articles likewise. 

ARTICLE XXXVI. The Collection and Administration 
of the Duties and Consumption Taxes (Article XXXV) 
remain in the hands of each State of the Confederation, 
within its own Territory, in so far as they have hitherto 
been so. 

The Emperor watches over the observance of the legal 
procedure through Imperial officials, whom he attaches 
to the Customs or Excise offices, and to the directing 
authorities of the separate States, according to the advice 
of the Committee of the Council of the Confederation for 
Customs and Excise affairs. 

Information given by these officials as to defects in the 
execution of the common legislation (Article XXXV) will 
be laid before the Council of the Confederation for decision. 

ARTICLE XXXVII. In decisions relative to the adminis- 
trative instructions and arrangements (Article XXXV) for 
the execution of the common legislation, the Presidency 
has the casting vote, when it is given for the continuance 
of the existing instruction or arrangement. 

ARTICLE XXXVIII. The revenue from the Duties or 



298 THE FRANCO-GERMAN WAR 

other Taxes mentioned in Article XXXV, the latter in 
so far as they are subject to the Imperial legislation, flows 
into the Imperial Treasury. 

This revenue consists of the whole income arising from 
the duties and other taxes after the deduction of : 

1. The tax-compensations and abatements according to 
the laws or the general administrative regulations. 

2. The repayments for incorrect levies. 

3. The expenses of collection and administration as 
follows : 

a. For the Customs, the expenses which are requisite 
for the protection and the collection of the duties in that 
part of -the frontiers situated towards foreign countries 
and in the border district. 

b. For the Salt Tax, the expenses which are incurred for 
the salaries of the officials who are employed in the salt 
works to collect and control that tax. 

c. For the Beet-sugar and Tobacco Tax, the compensation 
which, according to the decisions of the Council of the 
Confederation from time to time, has to be made to the 
several Federal Governments for the expenses incurred in 
the administration of these taxes. 

d. For the other duties 15 per cent, of the total income. 
The Territories situated outside the common Customs 

frontier pay an agreed sum towards defraying the expenses 
of the Empire. 

Bavaria, Wurtemberg, and Baden do not participate 
in the income flowing into the Imperial Treasury from the 
taxes on spirits and beer, nor in the corresponding part of 
the above-mentioned agreed payment. 

ARTICLE XXXIX. The Quarterly extracts which are 
to be made at the end of each quarter of the year by the 
collecting authorities of the Federal States, and the final 
statements to be made at the end of the year and the close 
of the books, on the income from duties and from consump- 
tion dues flowing into the Imperial Treasury according 
to Article XXXVIII, falling due during the quarter, or 
during the financial year, are to be collected into chief 
summaries, after previous examination, by the directing 
authorities of the Federal States, and therein each duty is 
to be separately shown ; these summaries are to be sent 
in to the Committee of the Council of the Confederation 
for financial affairs. 



CONSTITUTION OF GERMAN EMPIRE 299 

On the basis of these summaries the said Committee 
makes out preliminarily every 3 months the amount due 
from the Treasury of each State of the Confederation, to 
the Imperial Treasury, and communicates these amounts 
to the Council of the Confederation, and to the States of 
the Confederation ; it also presents the final statement of 
these amounts every year, with remarks, to the Council 
of the Confederation. The Council of the Confederation 
decides on this statement. 

ARTICLE XL. The stipulations in the Zollverein Treaty 
of 8th July, 1867, remain in force in so far as they have 
not been altered by the provisions of this Constitution, 
and so long as they are not altered in the way pointed out 
in Article VII, or Article LXXVIII. 

VII. Railway Affairs. 

ARTICLE XLI. Railways which are considered necessary 
for the defence of Germany, or for the sake of the common 
intercourse, may, by virtue of an Imperial law, even against 
the opposition of the members of the Confederation whose 
Territory is intersected by the Railways, but without 
prejudice to the prerogatives of the country, be constructed 
on account of the Empire, or concessions to execute the 
works may be granted to private contractors, with the 
right of expropriation. 

Every existing Railway board of direction is bound to 
consent to the junction of newly-constructed Railways at 
the expense of the latter. 

The legal enactments which have granted a right of 
denial to existing Railway undertakings against the con- 
struction of parallel or competing lines are hereby, without 
prejudice to rights already gained, repealed for the entire 
Empire. Nor can such a right of denial be ever granted 
again in concessions to be issued hereafter. 

ARTICLE XLII. The Governments of the Confederation 
bind themselves to manage the German Railways as a uni- 
form network in the interest of the common intercourse, 
and likewise for this purpose to have all new Railways 
which are to be made, constructed, and fitted up according 
to uniform rules. 

ARTICLE XLIII. For this purpose corresponding working 
arrangements are to be adopted with all possible despatch, 



300 THE FRANCO-GERMAN WAR 

particularly with regard to Railway Police Regulations. 
The Empire has likewise to take heed that the Railway 
Boards keep the lines at all times in such a state of repair 
as to ensure safety, and that they provide them with the 
working material necessary for the traffic. 

ARTICLE XLIV. The Railway Boards are bound to 
introduce the necessary Passenger Trains of the proper 
speed for the through traffic, and for the arrangement of 
corresponding journeys, also the requisite trains to provide 
for the goods traffic ; likewise, to arrange direct expeditions 
for passengers and goods traffic, with permission for con- 
veying the means of transport from one line to the other 
for the usual payments. 

ARTICLE XLV. The Empire exercises the control over 
the Tariffs, and will especially operate to the end : 

1. That working regulations, in conformity with each 
other, be introduced as soon as possible on all German 
railroads } 

2. That the greatest possible equalization and reduction 
of the tariffs shall take place, and particularly for greater 
distances an abatement of the tariffs for the transport of 
coals, coke, timber, ores, stones, salt, raw iron, manures, 
and similar articles, so as to be more in proportion to the 
necessities of agriculture and industry, and that the one 
pfennig tariff may be introduced as speedily as possible. 

ARTICLE XLVI. In times of distress, particularly when 
an unusual dearth of the necessaries of life occurs, the rail- 
way boards are bound to introduce a lower special tariff 
for the transport of grain, meal, pulse, and potatoes, tem- 
porarily, according to the necessity, as will be determined 
by the Emperor on the proposal of the respective com- 
mittee of the Council of the Confederation, which tariff, 
however, must not be lower than the lowest rate already 
existing for raw produce on the respective line. 

The above, as well as . the stipulations made in the 
Articles XLII to XLV, are not applicable to Bavaria. 

But the Empire has the right in regard to Bavaria like- 
wise to lay down, by way of legislation, uniform rules for 
the construction and fitting up of the railways which are 
of importance for the defence of the country. 

ARTICLE XLVII. The requisitions of the authorities 
of the Empire relative to making use of the railways for 
the purpose of the defence of Germany, must be obeyed 



CONSTITUTION OF GERMAN EMPIRE 301 

without question by all the railway boards. In particular, 
the military and all materials of war are to be conveyed 
at equally reduced rates. 

VIII. Postal and Telegraph Affairs. 

ARTICLE XLVIII. The postal and telegraph affairs 
will be arranged and administered for the entire German 
Empire as uniform institutions for State intercourse. 

The legislation of the Empire in postal and telegraphic 
affairs, as provided in Article IV, does not extend to those 
objects, the regulation of which, according to the principles 
which govern the North German Postal and Telegraph 
Administration, has been left to definite rules or adminis- 
trative directions. 

ARTICLE XLIX. The revenues of the postal and tele- 
graphic service are in common for the entire Empire. The 
expenses will be defrayed from the common revenues. 
The surpluses flow into the Imperial Treasury (Section XII). 

ARTICLE L. The chief direction of the postal and tele- 
graphic administration belongs to the Emperor. The officials 
appointed by him have the duty and the right to take care 
that uniformity in the organization of the administration 
and in carrying on the service, as well as in the qualification 
of the officials, be introduced and maintained.. 

The issue of definitive rules and general administrative 
directions, as well as the sole care of the relations with other 
postal and telegraphic offices, belongs to the Emperor. 

All the officials of the postal and telegraph administration 
are bound to obey the Imperial directions. This duty is 
to be recorded in the oath of service. 

The appointment of the requisite principal officials for 
the administrative authorities of the post and telegraphic 
service in the various districts (such as directors, coun- 
sellors, chief inspectors), likewise the appointment of the 
officials acting as the organs of the before-mentioned 
functionaries, in the service of supervision, &c., in the separ- 
ate districts (such as inspectors, controllers), proceeds, 
for the whole territory of the German Empire, from the 
Emperor, to whom these officials render the oath of service. 
Timely notice of the appointments in question, for the 
governmental approbation and publication, will be given 
to the Governments of the several States, so far as their 
territory is thereby concerned. 



302 THE FRANCO-GERMAN WAR 

The other officials necessary for the post and telegraphic 
service, as well as all those required for the local or technical 
business, therefore the officials, &c., acting at the actual 
places of business, will be appointed by the respective 
State Governments. 

Where there is no independent State post or telegraph 
administration, the provisions of the special Treaties form 
the rule. 

ARTICLE LI. In making over the balance of the postal 
administration for general Imperial purposes (Article 
XLIX), in consideration of the previous difference in the 
net incomes obtained by the State postal administrations 
of the separate territories, the following procedure is to 
be observed for the purpose of a corresponding arrangement 
during the undermentioned period of transition. 

From the postal balances which have accrued in the 
separate postal districts during the 5 years, 1861 to 1865, 
an average yearly balance will be calculated, and the share 
which each separate postal district has had in the postal 
balance thus shown for the whole territory of the Empire, 
will be fixed according to percentages. 

According to the proportion ascertained in this manner, 
the separate States will be credited for the next 8 years 
after their entrance into the postal administration of the 
Empire, with such quotas as accrue to them from the postal 
balances produced in the Empire, in account with their 
other contributions for Imperial purposes. 

At the expiration of the 8 years all distinctions cease, 
and the postal balances will flow in undivided account 
into the Imperial Treasury, according to the principle 
set forth in Article XLIX. 

From the quotas of the postal surplus thus ascertained 
during the before-mentioned 8 years for the Hanseatic 
towns, one-half will be placed beforehand every year at 
the disposal of the Emperor, for the purpose, in the first 
place, of paying therefrom the expenses for the estab- 
lishment of normal postal institutions in the Hanseatic 
towns. 

ARTICLE LI I. The stipulations in the foregoing Articles 
XLVIII to LI have no application to Bavaria and Wurtem- 
berg. In their place the following stipulations are in force 
for those two States of the Confederation : 

To the Empire alone belongs the legislation as to the 



CONSTITUTION OF GERMAN EMPIRE 303 

postal and telegraph privileges, as to the legal relations 
between both institutions and the public, as to exemptions 
from postage and rates of postage, exclusively, however, of 
the rules and tariff regulations for the home circulation 
of Bavaria, and of Wurtemberg respectively, likewise under 
similar reservation the settlement of the fees for telegraphic 
correspondence. 

In the same manner the regulation of the postal and 
telegraph intercourse with foreign countries belongs to 
the Empire, excepting the direct intercourse of Bavaria 
and of Wurtemberg themselves with the neighbouring 
States which do not belong to the Empire, the regulations 
as to which remain as stipulated in Article XLIX of the 
Postal Treaty of 23rd November, 1867. 

Bavaria and Wurtemberg do not participate in the 
income flowing into the Imperial Treasury from the postal 
and telegraph service. 

IX. Shipping and Navigation. 

ARTICLE LIII. The war navy of the Empire is one united 
navy under the chief command of the Emperor. The 
organization and composition thereof is the business of 
the Emperor, who appoints the Naval officers and officials, 
and into whose service they and the men are to be sworn. 

The Harbour of Kiel and that of Jahde are Imperial 
military harbours. 

The necessary expenses for the establishment and main- 
tenance of the war fleet, and the institutions in connexion 
therewith, are paid from the Treasury of the Empire. 

The whole of the maritime population of the Empire, 
including engineers and shipwrights, are free from service 
in the land army, but, on the other hand, are bound to serve 
in the Imperial Navy. 

The apportionment of the recruits is arranged according 
to the number of the maritime population, and the quota 
which each State thus contributes is deducted from the 
contingent to the land army. 

ARTICLE LIV. The merchant vessels of all the States 
of the Confederation form one undivided commercial navy. 

The Empire has to determine the method of ascertaining 
the burden of sea-going vessels, to grant bills of admeasure- 
ment, as well as to regulate the ship-certificates, and to 



304 THE FRANCO-GERMAN WAR 

determine the conditions upon which the permission to 
command a sea-going vessel depends. 

The commercial ships of all the States of the Confedera- 
tion will be admitted and treated on equal terms in the 
sea harbours, and in all the natural and artificial waterways 
of the separate States of the Confederation. The dues 
to be levied in the sea-ports from sea-going vessels or their 
cargoes for using the navigation appliances must not exceed 
the expenses which are requisite for the maintenance and 
ordinary repairs of those appliances. 

On all natural waterways dues may only be levied for 
the use of such appliances as are especially intended for 
the furtherance of traffic. These dues, as well as the dues 
payable for making use of such artificial waterways as are 
State property, must not exceed the expenses which are 
requisite for the maintenance and ordinary repairs of such 
erections and works. These regulations are also applicable 
to floatage so far as it takes place on navigable waterways. 

The imposition of other or higher dues on foreign ships, 
or their cargoes, than those paid by the ships of the Federal 
States does not belong to any single State, but solely to 
the Empire. 

ARTICLE LV. The Flag of the navy and of the merchant- 
shipping is black, white, and red. 



X. Consular Service. 

ARTICLE LVI. The whole of the Consular service of the 
German Empire is under the superintendence of the Em- 
peror, who appoints the Consuls after consultation with 
the Committee of the Council of the Confederation for 
Commerce and Traffic. 

Within the official district of the German Consuls no new 
Consulates for separate States may be erected. The German 
Consuls exercise the functions of a national Consul for any 
State of the Confederation, not represented in their district. 
The whole of the existing Consulates for separate States 
are to be abolished as soon as the organization of the 
German Consulates is so completed, that the representation 
of the interests of all the States of the Confederation is 
recognized by the Council of the Confederation as secured 
by the German Consulates. 



CONSTITUTION OF GERMAN EMPIRE 305 

XI. Military Affairs of the Empire. 

ARTICLE LVII. Every German is liable to military 
service, and cannot have that service performed by sub- 
stitute. 

ARTICLE LVIII. The expenses and burdens of the whole 
of the military affairs of the Empire are to be borne equally 
by all of the States of the Confederation and those belonging 
to them, so that no preferences, or overburdening of any 
single States or classes, are in principle admissible. Where 
an equal division of the burdens is not practicable in natura, 
without prejudice to the public welfare, the matter is to 
be arranged on the principles of equity by means of legisla- 
tion. 

ARTICLE LIX. Every German capable of service belongs 
for 7 years to the standing army, as a rule from the comple- 
tion of the 2oth to the commencement of the 28th year of 
his age ; that is, for the first 3 of these years with the 
standards, and for the last 4 years in the reserve ; then 
for the following 5 years of his life to the Landwehr. In 
those States of the Confederation wherein hitherto a longer 
period than 12 years of service altogether has been legal, 
the gradual reduction of such service can only take place 
in so far as regard for the readiness for war of the Imperial 
army permits" it. 

With respect to the emigration of the reserve men only 
those regulations are to be applied which are in force for 
the emigration of the Landwehr men. 

ARTICLE LX. The effective strength of the German 
army in peace is fixed till the 3ist December, 1871, at one 

Eer cent, of the population of the year 1867, and the separate 
tates of the Confederation supply it pro rata thereof. 
Subsequently the effective strength of the army in peace 
will be determined by Imperial legislation. 

ARTICLE LXI. After the publication of this Constitution 
the whole Prussian Military Code of Laws is to be intro- 
duced throughout the Empire without delay, both the laws 
themselves and the regulations, instructions, and rescripts 
issued for the explanation and completion thereof, especially 
therefore the Military Penal Code of the 3rd April, 1845 ; 
the Military Court-martial Regulations of the 3rd April, 
1845 ; the Ordinance upon Courts of Honour of the 20th 
July, 1843 ; the regulations upon recruiting, time of service, 



306 THE FRANCO-GERMAN WAR 

allowance and maintenance affairs, billeting, compensa- 
tions for damages to agriculture, mobilization, &c., for 
war and peace. The military Church ritual is, however, 
excluded. 

After the uniform war organization of the German army 
has been effected, a comprehensive Military Law for the 
Empire will be laid before the Imperial Diet and the Council 
of the Confederation for their constitutional decision. 

ARTICLE LXII. To cover the outlay necessary for the 
entire German army, and the arrangements appertaining 
thereunto until the 3ist December, 1871, there are yearly 
to be placed at the disposal of the Emperor, as many 
times 225 thalers, in words two hundred and twenty-five 
thalers, as the poll-number of the peace strength of 
the army amounts to, according to Article LX. See 
Section XII. 

After the 3ist December, 1871, these contributions must 
continue to be paid to the Imperial Treasury by each 
State of the Confederation. For the calculation thereof 
the effective strength in peace, as provisionally settled in 
Article LX, will be taken as the basis until it is altered by 
an Imperial law. 

The expenditure of this sum for the entire Imperial 
Army and its arrangements will be determined on by the 
Estimate Law. 

In settling the estimates of the military expenses, the 
legal organization of the Imperial army, as laid down in 
this Constitution, will be taken as the basis. 

ARTICLE LXIII. The entire land force of the Empire 
will form a single army, which in war and peace is under 
the command of the Emperor. 

The regiments, &c., bear running numbers for the entire 
German Army. For their clothing, the ground colours 
and fashion of the Royal Prussian army are to be the 
model. It is left to the chiefs of the respective con- 
tingents to determine the external marks of distinction 
(cockades, &c.). 

It is the duty and the right of the Emperor to take care 
that all the divisions of troops within the German army 
are numerically complete and effective for war, and that 
unity in the organization and formation, in the armament 
and command, in the training of the men, as well as in 
the qualifications of the officers, be established and main- 



CONSTITUTION OF GERMAN EMPIRE 307 

tained. For this purpose the Emperor has the right to 
convince himself of the condition of the separate contingents 
at all times by inspection, and to order the reformation 
of any defects thereby discovered. 

The Emperor determines the effective strength, the 
division and arrangement of the contingents of the Imperial 
army, as well as the organization of the Landwehr ; he also 
has the right of determining the garrisons within the terri- 
tories of the Confederation, and to order the embodiment 
of any part of the Imperial army in a state of preparation 
for war. 

For the purpose of keeping up the indispensable uni- 
formity in the administration, maintenance, armament, 
and equipment of all the divisions of troops of the German 
army, the orders issued thereon in future for the Prussian 
army will be communicated in a suitable manner, through 
the Committee for the Land Army and Fortresses men- 
tioned in Article VIII, No. i, to the commanders of the other 
contingents for observance. 

ARTICLE LXIV. All German troops are bound to obey 
the commands of the Emperor unconditionally. This duty 
is to be specified in the Banner-oath. 

The Commander-in-Chief of a contingent, likewise all 
officers who command Troops of more than one contingent, 
and all commanders of Fortresses are appointed by the 
Emperor. The officers appointed by the Emperor take 
the Banner-oath to him. The appointments of Generals 
and officers acting as Generals within the contingents are 
at all times subject to the approbation of the Emperor. 

The Emperor has the right, for purposes of transposition, 
with or without promotion, to select for such appointments 
as are to be made by him in the Imperial service, whether 
in the Prussian Army or in other contingents, from the 
officers of all the contingents of the Imperial Army. 

ARTICLE LXV. The right of erecting Fortresses within 
the Territories of the Confederation belongs to the Emperor, 
who proposes, according to Section XII, the grant of the 
necessary means for the purpose, in so far as they are not 
provided for in the ordinary Estimates. 

ARTICLE LXVI. Where nothing to the contrary is stipu- 
lated by particular Conventions, the Sovereigns of the 
Confederation, or the Senates, appoint the Officers of their 
Contingents, subject to the restriction of Article LXIV. 

X 2 



308 THE FRANCO-GERMAN WAR 

They are the chiefs of all the divisions of troops belonging, 
to their Territories, and enjoy the honours connected there- 
with. They have especially the right of inspection at all 
times, and receive, besides the regular reports and announce- 
ments of alterations which take place, timely information, for 
the purpose of Governmental publication, of all promotions 
or nominations among the respective divisions of the 
Troops. 

Likewise, they have the right to make use, for purposes 
of Police, not only of their own Troops, but also to make 
requisition for any other division of Troops of the Imperial 
Army which may be located in their Territories. 

ARTICLE LXVII. Savings from the Military Estimate 
do not belong under any circumstances to a single Govern- 
ment, but at all times to the Imperial Treasury. 

ARTICLE LXVIII. The Emperor may, when the public 
safety is threatened in the Territories of the Confederation, 
declare any part thereof to be in a State of War. Until 
the promulgation of an Imperial law, which will regulate 
the premisses, the form of publication, and the effects 
of such a Declaration, the rules of the Prussian law of 
4th June, 1851, remain in force. (Collection of Laws for 
1851, page 451, 6- seq.) 

Final Stipulation to Section XI. 

The provisions contained in this section come into force 
in Bavaria according to the special stipulations of the 
Treaty of Confederation of 23rd November, 1870 (Federal 
Law Gazette, 1871, page 9), under III, 5, and in Wurtem- 
berg, according to the special stipulations of the Military 
Convention of ^ November, 1870. (Federal Law Gazette, 
1870, page 658.) 

XII. Finances of the Empire. 

ARTICLE LXIX. All the Receipts and Disbursements of 
the Empire must be estimated for each year, and be brought 
into the Imperial Estimates. These are to be fixed by a law 
before the beginning of the financial year, according to 
the following principles. 

ARTICLE LXX. To provide for all common expenses, 
any balances of the preceding year are first of all em- 
ployed, and likewise the common Revenues derived from 



CONSTITUTION OF GERMAN EMPIRE 309 

the Duties, the common Consumption Taxes, and from 
the Postal and Telegraph Services. In so far as they 
cannot be provided for by these Revenues, they are, as 
long as Imperial Taxes are not introduced, to be met by 
contributions from the single States of the Confederation, 
in proportion to their population, which contributions to 
the amount estimated in the Budget will be estimated 
by the Chancellor of the Empire. 

ARTICLE LXXI. The common Disbursements are, as a 
rule, voted for one year ; they may, however, in particular 
cases, be voted for a longer period. 

During the time of transition mentioned in Article LX, 
the Estimates of Expenditure for the Army, arranged 
under heads, are to be laid before the Council of the Con- 
federation and the Imperial Diet only for their information 
and remembrance. 

ARTICLE LXXI I. The Chancellor of the Empire is to 
give account yearly to the Council of the Confederation and 
to the Imperial Diet of the application of all the incomes 
of the Empire, for discharge of responsibility. 

ARTICLE LXXIII. In cases of extraordinary require- 
ments, the Contracting of a Loan, also the undertaking 
of a Guarantee on account of the Empire, may take place 
in the way of Imperial legislation. 

Final Stipulation to Section XII. 

To the Expenditure for the Bavarian Army, Articles 
LXIX and LXXI are only applicable in conformity with 
the stipulations of the Treaty of 23rd November, 1870, 
mentioned in the final stipulation to Section XI and 
Article LXXII, only so far that the assignment to Bavaria 
of the sums necessary for the Bavarian Army is to be notified 
to the Council of the Confederation and to the Imperial 
Diet. 

XIII. Settlement of Differences and Penal Stipulations. 

ARTICLE LXXIV. Every undertaking against the 
existence, the integrity, the safety, or the Constitution of 
the German Empire ; finally, insulting the Council of the 
Confederation or the Imperial Diet, or a member of the 
Council of the Confederation or of the Imperial Diet, or 
any authority, or a public functionary of the Empire, whilst 



310 THE FRANCO-GERMAN WAR 

in the exercise of their vocation, or in reference to their 
vocation, by word, in writing, printing, drawing, figurative, 
or other representation, will be sentenced and punished 
in the separate States of the Confederation, according to 
the existing law, or the laws which may in future be enacted 
there, in pursuance of which a similar offence committed 
against that separate State of the Confederation, its 
Constitution, its Chambers, or Diet, the members of its 
Chambers or Diet, its authorities or functionaries, would 
be punished. 

ARTICLE LXXV. For those undertakings against the 
German Empire, mentioned in Article LXXIV, which, 
if they had been undertaken against one of the separate 
States of the Confederation, would be qualified as High 
Treason, or Treason against the Country, the Common 
Upper Court of Appeal of the three Free and Hanseatic 
Towns, at Lubeck, is the competent deciding authority 
in first and last instance. 

The special regulations as to the competency and the 
procedure of the Upper Court of Appeal are to be settled 
by way of Imperial legislation. Until the promulgation 
of an Imperial law, .the competency of the Courts in the 
separate States of the Confederation, and the provisions 
relative to the procedure of these Courts, remain as they 
have hitherto been. 

ARTICLE LXXVI. Differences between various States 
of the Confederation, in so far as they are not of a private 
legal nature, and therefore to be decided by the competent 
judicial authorities, will, at the suit of one of the parties, 
be settled by the Council of the Confederation. 

Constitutional differences in those States of the Con- 
federation in whose constitution no authority for settling 
such disputes is provided are to be amicably arranged by 
the Council of the Confederation at the suit of one of the 
parties, or if this should not succeed, they are to be settled 
by way of Imperial legislation. 

ARTICLE LXXVII. If, in a State of the Confederation, 
the case of a refusal of justice should occur, and sufficient 
aid cannot be obtained by way of law, it is the duty of the 
Council of the Confederation to take cognizance of the 
complaints as to the refused or hindered administration 
of the law when proved according to the Constitution and 
existing laws of the respective State of the Confederation, 



CONSTITUTION OF GERMAN EMPIRE 311 

and thereupon to cause the Government of the Confederate 
State which has given occasion for the complaint, to afford 
judicial aid. 

XIV. General Stipulations. 

ARTICLE LXXVIII. Alterations in the Constitution 
take place by way of legislation. They are considered as 
rej ected if they have 14 votes in the Council of the Confedera- 
tion against them. 

Those provisions of the Constitution of the Empire, by 
which certain rights are established for Separate States 
of the Confederation in their relation to the community, 
can only be altered with the consent of the State of the 
Confederation entitled to those rights. 



CHAPTER XI 
TURKEY, RUSSIA, AND THE BALKAN STATES 

Russians' interest in foreign affairs Gorchakov Denunciation 
of the Black Sea Convention Gorchakov's Circular Franco- 
German War Rapprochement of Russia and Prussia Protest 
of Great Britain against Denunciation The Treaty of London, 
1 87 1 Reasons for the changes made The European Commis- 
sion of the Danube Turkey in the Concert of Europe Freedom 
from external interference The Andrassy Note Bulgarian 
Atrocities Conference of the Powers at Constantinople 
Russo-Turkish War, 1877-8 Treaty of San Stefano Alliance 
of Great Britain and Turkey Treaty of Berlin Bulgaria 
acquires Eastern Rumelia Revolution of the Young Turks, 
1908 Austrian annexation of Bosnia and Herzegovina 
Bulgarian Independence Turco-Italian War Balkan League 
First Balkan War Treaty of London, 1913 Second 
Balkan War Treaty of Bucharest European War, 1914 
Entente offer of guarantee to Turkey Goeben and Breslau 
Turkey enters the War. 

Texts i The Treaty of London (1871) The Treaty of Berlin 
(1878) The Treaty of London (1913) The Treaty of Bucharest 
(1913)- 

THE autocratic Tsar Nicholas I died on March 2, 1855, 
before the Crimean War was over. He was succeeded by 
his son Alexander II, under whom Russia entered on 
a period of peaceful development and legal and adminis- 
trative reform. Such a period inevitably had the result of 
restoring to the Russian Government its feelings of dignity 
and self-respect, and of causing it to remember with feel- 
ings of humiliation the restrictions put upon its freedom 
by the Treaty of Paris. It was naturally felt to be unduly 
cramping to the powers of a great Empire that it should 
be prevented from having forts or arsenals on its own 
Black Sea coast, or from keeping naval forces in those 



GORCHAKOV 313 

waters. It should be borne in mind also, that the upper 
classes of Russia have for a long time been distinguished 
for the keen and lively interest which they take in the 
foreign affairs of their country. This is due to the fact 
that the autocratic Constitution of Russia to a great 
extent excluded the educated classes from participating 
in the internal government of their country. Their atten- 
tion was therefore largely concentrated upon foreign policy, 
all the more since an active interest in this carried with it 
no such personal risks as were involved in too obvious an 
interest in the domestic affairs of government. 

Alexander II had for his chief minister Prince Alexander 
Gorchakov, descended from an ancient and distinguished 
family. Gorchakov's knowledge of foreign affairs was 
unrivalled, and his prestige in the Chancelleries of Europe 
stood very high. In 1870-1 he was able to carry out the 
denunciation of the clauses of the Paris Treaty of 1856, 
which neutralized the Black Sea. 

The moment chosen for this dramatic announcement 
was October 31, 1870, when France, who, with England, 
was the great upholder of the Treaty of Paris, was involved 
in the disastrous war with Germany, and had lost her great- 
field armies at Sedan and Metz. Gorchakov's circular 
to the Powers of Europe, announcing the repudiation of 
the Black Sea Convention, was dated four days after the 
capitulation of Metz. 

The grounds upon which Gorchakov based his denuncia- 
tion of Articles XI, XIII, and XIV of the Treaty of Paris, 
and the Convention of the same date between Russia and 
Turkey embodying those Articles, were two : first, that the 
provisions of the Treaty of Paris had been broken in other 
respects ; and second, that the neutralization of the Black 
Sea was unreasonable. The first contention was unproved, 
nor even, if true, would it necessarily have justified the 
breaking of the rest of the treaty. The second contention 
that the Black Sea neutralization was unreasonable 



314 TURKEY, RUSSIA, AND BALKAN STATES 

was a fair ground for discussion, and for modifying the 
treaty by arrangement with the signatory and guaranteeing 
Powers. But Gorchakov took no such course. His circular 
of October 31, 1870, was simply a curt notice of denuncia- 
tion. 

The circular itself was not quite ingenuous. It contended 
that the changes which had taken place in Roumania were 
a breach of the Treaty of Paris. Article XXII of that 
treaty stated that 'the Principalities of Wallachia and 
Moldavia shall continue to enjoy under the Suzerainty of 
the Porte, and under the Guarantee of the Contracting 
Powers, the Privileges and the Immunities of which they 
are in possession '. These privileges had certainly been 
increased since the Treaty of Paris, for the two Principali- 
ties had united themselves into one, and had in 1866 
elected a foreign Prince in place of the native Prince 
Alexander Couza. The Powers at first had objected to 
the election of a Prince belonging to a foreign Royal 
House, but they speedily acquiesced in the election of 
Prince Charles Antony, of the House of Hohenzollern- 
Sigmaringen. This was no breach of the Treaty of Paris, 
which had secured to the Principalities their existing 
privileges, but could not be held perpetually to forbid the 
acquisition of new privileges. In any case, even if modifica- 
tion had taken place in the Treaty of Paris, this could be 
no ground for Russia arbitrarily modifying other clauses 
of it, without consulting the Powers who were responsible 
with her for the Treaty. 

The other point in which Gorchakov said the Paris 
Treaty had been broken was in the clause which declared 
the Straits closed to foreign ships of war when the Porte 
was at peace. ' Repeatedly,' ran the circular, ' and 
under various pretexts, Foreign Men-of-War have been 
suffered to enter the Straits, and whole Squadrons, whose 
presence was an infraction of the character of absolute 
Neutrality attributed to those waters, admitted to the 



3i6 TURKEY, RUSSIA, AND BALKAN STATES 

Black Sea.' l No facts were advanced to show that such 
breaches of the Treaty of Paris had taken place, nor even 
if proved could they have justified Russia in denouncing 
the restrictive clauses, as by Article XIV of the Paris 
Treaty, Russia had bound herself with the rest of the 
Powers to this effect : ' It [i. e. the Black Sea Convention] 
cannot be either annulled or modified without the assent 
of the Powers signing the present Treaty.' 

Gorchakov further contended in the circular of October 
31, 1870, that the restrictions were unreasonable, and based 
upon an unjustifiable distrust of the Russian Government. 
The restrictions, he wrote, were unreasonable, because, 
' while Russia was disarming in the Black Sea, . . . and 
likewise loyally deprived herself of the possibility of taking 
measures for an effectual Maritime Defence in the adjoin- 
ing Seas and Ports, Turkey preserved her privilege of main- 
taining unlimited Naval Forces in the Archipelago and the 
Straits ; France and England preserved their power of 
concentrating their squadrons in the Mediterranean '. In 
the same way it was pointed out that the Straits were 
only closed by the Treaty of Paris when the Porte was at 
peace. In time of war, the Porte could let the navies 
of any hostile Power into the unguarded Black Sea, to 
the undefended coast of Russia. This danger was all the 
greater, as steamships had replaced sailing ships in the 
navies of the world since the Treaty of 1856. A swift 
attack upon Russia's unprotected Black Sea coast might 
be arranged at any moment. 

Stated thus, the neutralization of the Black Sea appeared 
to be not altogether fair to Russia, and Gorchakov had 
a good case with which to approach the signatory Powers 
with proposals for its amendment. Unfortunately he took 
no such course, and therefore struck a blow at the respect 
for treaties and the public faith of Europe. 

For the purposes of Russia, the time was well chosen. 
> Hertslet, vol. iii, No. 429, p. 1894. 



RUSSIA AND PRUSSIA 317 

France, as before mentioned, was already invaded, and had 
lost both fortresses and armies ; the Empire had fallen, and 
Paris had been invested. Obviously the French Provisional 
Government had no attention to spare for the Eastern 
Question. Victorious Germany might have thrown its 
weight on the side of justice, and have striven for the 
maintenance of the Treaty of Paris or for its modification 
by consent of .the signatories. But the Prussian Govern- 
ment, far from doing this, actually favoured Russia's 
individual denunciation of the Black Sea Convention. 
Gorchakov and Bismarck had been friends since 1851, 
when Gorchakov was Russian minister to the Diet of the 
Germanic Confederation at Frankfort. In 1858 Bismarck 
was sent to Petrograd as Prussian ambassador, and remained 
there four years. Gorchakov, as Minister of Foreign Affairs, 
naturally came into still closer relations with Bismarck. 
When Gorchakov became Imperial Chancellor in 1863, 
there was quite a rapprochement between the Governments 
of Russia and Prussia. The benevolent neutrality and 
friendship of Russia was exceedingly useful to Bismarck, 
when carrying out his very delicate and risky arrangements 
with regard to Schleswig-Holstein in 1863 and 1864. This 
largely explains the inactivity of Great Britain during 
that crisis. In the same way, Russian friendship gave 
Prussia a free hand in the war with Austria in 1866, and 
helped to keep Napoleon III inactive. In 1870, when 
Prussia invaded France, the Russo-Prussian rapprochement 
helped to ensure the neutrality of Austria, which was 
confidently expected by Napoleon III to intervene on his 
behalf. In return for these very substantial benefits, 
Bismarck could do no less than give Russia a free hand 
with regard to the Black Sea Convention. Austria was in 
no condition to oppose the Russo-Prussian understanding, 
Italy was too busy completing her unity by the occupation 
of Rome (September 20, 1870). Great Britain's protest 
(November 10, 1870) was therefore of little avail, though 



3i8 TURKEY, RUSSIA, AND BALKAN STATES 

put with all the logic and cogency which distinguished 
Lord Granville's dispatches. The Black Sea Convention 
was denounced, yet at the same time Russia was induced 
to submit the matter to discussion at a Congress of Powers 
held at London in 1871. Although the mischief had been 
already done, the Powers attempted some sort of vindica- 
tion of the principle of treaty-obligation. They converted 
Russia's denunciation into a solemn treaty (March 13, 
1871), and so put it upon a regular footing. 

The Treaty annulled Articles XI, XIII, and XIV of the 
Paris Treaty of 1856, and the separate and purely conse- 
quential Black Sea Convention of the same date ; Article XI 
interdicted the Black Sea to the Flag of War of any nation ; 
Article XIII prohibited the maintenance of military or 
maritime arsenals on the coasts ; Article XIV declared the 
annexed Black Sea Convention to have the same force as 
if embodied in the Treaty, and also that the Paris Treaty 
could not be changed without the consent of the signatory 
Powers. These Articles were replaced by a fresh one l 
which retained the principle of the closure of the Straits 
to foreign war-ships, but which differed from the provisions 
of the 1856 Treaty in three important respects : (i) it 
made no mention of the neutralization of the Black Sea, 
where accordingly Russia could build navies and fortify 
ports ; (2) it permitted Turkey to open the Straits to foreign 
ships of war, if the Porte should consider such a course 
necessary in order to fulfil the stipulations of the Paris 
Treaty of 1856, in so far as these stipulations were still in 
force ; (3) the statement that the Treaty could only be modi- 
fied with the consent of the signatory Powers was omitted. 

The reasons for these differences between the Treaties 
of 1856 and 1871 were probably somewhat as follows : 

i. That Russia should be able to fortify its own coast 
on the Black Sea, and to maintain warships there, was 
only reasonable ; otherwise, during a war with Turkey, the 
Article II of the -Treaty of March 13, 1871. 



REASONS FOR THE CHANGES 319 

Black Sea coast of Russia would be exposed without defence 
to foreign ships of war, which the Porte could let through 
the Dardanelles. It is true that the Treaty of Paris, by 
interdicting the Black Sea to the ships of war of any 
Power (Article XI), intended to protect Russia from such 
a contingency. But a state of war between Russia and 
a majority (including Turkey) of the signatory Powers 
would bring the Treaty of Paris practically into abeyance, 
and would expose Russia's Black Sea coast to immediate 
attack. Moreover, there was some inconsistency between 
Article XI of the Treaty of Paris, which neutralized the 
Black Sea, and Article I of the annexed Convention 
(having the same force as the Treaty of Paris), which 
allowed the Porte to admit foreign ships of war to the 
Dardanelles and Bosphorus, when the Porte itself was at 
war. It was of no use to neutralize the Black Sea in one 
Article, and in another to authorize Turkey to pass ships 
of war into it. The Treaty of 1871 was therefore consistent 
and reasonable : it left Article I of the Black Sea Con- 
vention in force, i.e. the Straits were to remain closed 
to foreign ships of war while the Porte was at peace ; 
and in order that the south coast of Russia and her com- 
merce in the Black Sea might not be at the mercy of the 
Turks during war, Russia was authorized to fortify herself 
there, and maintain a navy. Turkey, of course, was given 
the same authorization. 

2. Turkey was not merely authorized to pass foreign 
ships of war through the Straits in time of war, but also 
(Article II of the 1871 Treaty) in time of peace, ' in case 
the Sublime Porte should judge it necessary in order to 
secure the execution of the stipulations of the Treaty of 
Paris of the 30 March 1856 '. It is very difficult to see 
what stipulations are referred to, but the new rule was 
probably made to prevent Russia from contending (as she 
did in her circular of October 31, 1870) that the Treaty 
of Paris had been broken, if Turkey, bona fide, admitted a 



320 TURKEY, RUSSIA, AND BALKAN STATES 

foreign war-ship into the Straits, with a view, for instance, 
to the protection of foreign subjects, during some local 
disturbance. 

3. The stipulation of the 1856 Treaty (Article XIV) that 
it could not be changed without the consent of the signatory 
Powers was omitted, probably because such a statement 
was otiose, and seemed to imply that treaties which 
contained no such stipulation could be changed by one 
party without the consent of the other party or parties. 1 

Finally, the Treaty of 1871 contained certain Articles 
about the Danube. The Paris Treaty of 1856,2 it will be 
remembered, set up a European Commission, to undertake 
necessary works in the channels below Isatcha. A Rive- 
rain Commission was also set up (on paper), consisting of 
representatives of the riparian Powers, to deal with the 
whole course of the river. The European Commission was 
to do its work and to be dissolved when the work was 
completed, as was expected to happen within two years. 
But it had not been dissolved, and the Riverain Commis- 
sion never came into existence. The Treaty of 1871 
extended the duration of the Danube European Commission 
to the year 1883, and by Article IV it provided for the 
assembling, wrongly referred to as re-assembling, of the 
Riverain Commission. But the Riverain Commission still 
remained in abeyance. While the life of the European 
Commission has been extended from period to period, the 
execution of works above its boundary (Braila) has been 
carried out separately by the States which are directly 
interested. 

The Treaty of Paris, 1856, was accepted by the Turks 
as a great charter of liberty, securing the Porte from any 
interference from the troublesome Powers of Europe. 
For by the treaty the Powers had guaranteed the inde- 
pendence and territorial integrity of Turkey, had admitted 

Cp. the Declaration signed at London, January 17, 1871 (see 
above, p. 11.) * Article XVI. 



INTERNAL AFFAIRS OF TURKEY 321 

her to the Concert of Europe (i.e. had put her upon the 
same footing as any other European State), and had 
solemnly stated that they had no right ' to interfere, either 
collectively or separately, in the relations of His Majesty 
the Sultan with his subjects, nor in the Internal Administra- 
tion of his Empire ' (Article IX). 

It is true that the Sultan had also in Article IX of the 
Treaty of Paris proclaimed ' his constant solicitude for the 
welfare of his subjects ', and ' his generous intentions 
towards the Christian population of his Empire ', and had 
referred to the Firman (the Hatti-Hamouin) 1 which he 
had issued in the previous month, laying down an excellent 
scheme of reform. But this Firman, ' emanating spon- 
taneously from his Sovereign will/ was not itself a part 
of or annexed to the Treaty of Paris, and so the Powers 
had no legal ground on which to force the Sultan to observe 
it. Accordingly, during the following twenty years, the 
internal administration of the Turkish Government and 
its attitude towards its Christian subjects do not appear 
to have improved. When in August 1875, an insurrection 
of the Christians in Herzegovina broke out, the Eastern 
Question was again revived in its acutest form. 

There is no doubt that the condition of the Christian 
provinces of Turkey was sufficiently bad to justify some 
pressure being put on the Porte by the Powers of Europe. 
Yet, as the Porte was not slow to point out, the Powers 
had bound themselves, by Article IX of the Treaty of 
Paris, not to interfere in the internal affairs of Turkey. 
Moreover, there was another difficulty in the way of con- 
certed action by the Powers : they all wished Turkey to 
reform its administration, but they did not all wish 
Turkey's independence or territory to be decreased. It 
was, especially, the view of the British Government, that 
the maintenance of the Turkish Empire was necessary to 
the Balance of Power in the Near East. 

1 February 18, 1856; Hertslet, vol. ii. No. 263. 

1903 v 



322 TURKEY, RUSSIA, AND BALKAN STATES 

Yet in some degree, circumstances were propitious for 
bringing pressure to bear on Turkey, in such a way as 
might have prevented war. The three great Empires, 
Austria, Russia, and the new German Empire, were at 
this time acting in accord. The Russian and German 
Chancellors had long been friends, and acted in concert 
in important matters of State, 1 and Austria had learned 
to acquiesce in the facts of 1866 and 1870, to recognize 
that the leadership of Germany had passed to Prussia, 
and that her great interests now lay in the south-east. 
Thus Count Andrassy, the Austrian Chancellor, was able 
in January 1876 to draw up, in concert with Russia and 
Germany, the now famous ' Andrassy Note ', demanding 
that Turkey should establish complete religious toleration 
within her dominions, do away with the system of tax- 
farming, and set up a mixed Commission of native Chris- 
tians and Mohammedans to superintend the execution of 
the reforms. 2 To this Note Great Britain and France also 
gave their adherence. But when in May (1876) at Berlin 
the ministers of the three Empires drew up a much firmer 
Note the Berlin Memorandum the British Government 
declined to take part in it, being very suspicious of anything 
likely to prove ' contrary to the Treaty Rights of the Porte 
or subversive of the Sultan's authority '. 3 The British 
Government at this time hoped that Turkey might be 
induced to reform itself without coercion. The clear 
intention of the English Premier Disraeli to maintain the 
independence of Turkey might have prevented the war 
between Russia and the Porte, had not the Turks them- 
selves, by their brutal conduct while repressing the Bul- 
garian insurrection in May 1876, succeeded in alienating 
the sympathy of a great portion of the British people. 
' The knife of the Circassian and Bachi-Bazouk had severed 

1 See p. 317. 

* The complete Note is in Hertslet, vol. iv, No. 456. 

* Ibid., Nos. 461, 462. 



BALKAN STATES 



English Miles 

O SO ' IOO 200 



IT S T R I 

B O S N I A 



BULGARIA 

Tirnovo 

Burgas 



'eded to Bulgaria Oy the. . . 

,f London fHay SO^iatJ.reCroc^Ooi 
to Turhry Sept. 29^ 1913. 
Slate frontier* 
Old - 




Y 2 



324 TURKEY, RUSSIA, AND BALKAN STATES 

the bond with Great Britain which had saved Turkey in 

1854-' x 

Serbia and Montenegro declared war on Turkey in July 
1876. The Russian Government openly proclaimed its 
sympathy with them. Yet the Tsar Alexander II assured 
Great Britain that he had no intention of acquiring terri- 
tory : that all he desired was concerted action to induce 
Turkey to carry out reforms. Great Britain, agreeing to 
this, proposed a Conference of the Powers at Constantinople. 
This took place in December and January 1876-7, and 
a sensible scheme of reform was drawn up. But to ensure 
that the reforms would not be put off indefinitely by the 
Porte, it was also proposed that they should be put into 
effect by an international commission and gendarmerie. 
The Turkish Government refused this, pointing out that 
interference by an international commission with the 
administration of the Ottoman Empire would be a direct 
breach of the Treaty of Paris. After receiving this answer, 
the Powers (in order to keep the adherence of England) 
proposed a milder document to the Porte, omitting any 
mention of an international commission, but stating that 
if reforms were not carried out, the Powers would decide 
in common on the means to be pursued. The Porte 
regarded this document also as being against the Treaty 
of Paris. So as no effective guarantees for reform were 
to be gained by peaceful means, Russia declared war on 
April 24, 1877. 

The war did not last very long, but there was much 
hard fighting before the Russian Army entered Adrianople 
on January 20, 1878. Even before this happened, the 
Porte had recognized its defeat, and had asked the other 
Powers of Europe to mediate. Constantinople lay at the 
mercy of the Russians, and the fear which had haunted 
British statesmen for nearly a century seemed only too 
likely to be realized. For a few weeks it looked as if war 
1 Fyfe, Modern Europe, 1895, p. 1029. 



TREATY OF SAN STEFANO 325 

between Russia and England could not be averted ; on 
February 6, 1878, the British fleet went through the 
Dardanelles into the Sea of Marmara. Fortunately the 
more peaceful counsels prevailed, and a breathing-space 
was secured by both sides agreeing for the time being to 
hold their hands. Thirteen days after the British fleet 
passed the Dardanelles, the Russian ambassador in London 
communicated the following message to Lord Derby, the 
English Secretary of State for Foreign Affairs : ' Prince 
Gorchakov authorizes me by telegraph to declare to your 
Excellency that the Imperial Cabinet maintains its pro- 
mise not to occupy Gallipoli nor to enter the lines of 
Bulair. The Imperial Cabinet expects in return that no 
English troops should be landed on the Asiatic or European 
coast.' J 

Meanwhile Turkey and Russia were in negotiation. 
On March 3, at the village of San Stefano, on the European 
shore of the Sea of Marmara, the well-known Treaty of 
San Stefano was concluded. 

For years this treaty has acted as a kind of magnet to the 
Bulgarian people, for it was they who would have benefited 
by it, not Russia. The Bulgarians till 1878 were merely 
a subject race of Turkey, governed by Turkish officials, 
without any autonomy, and hardly conscious themselves 
that they were a people. The Treaty of San Stefano 
would have made them a large State, tributary to Turkey 
indeed, but as large as the mediaeval Bulgarian Empire, 
the memory of which is kept so green among them as 
a spur to their ambition. Bulgaria under the Treaty of 
San Stefano would have stretched from the Danube to 
the Aegean, and would have included practically all 
Macedonia, except Salonika. The other Powers, however, 
objected. Austria did not relish the idea of a powerful 
Slav State lying across her path to the Aegean. Great 

1 Count Schouvaloff to the Earl of Derby, February 19, 1878. 
Hertslet, vol. iv, No. 517. 



32f> TURKEY, RUSSIA, AND BALKAN STATES 

Britain feared that 'the big Bulgaria would be merely 
a client State of Russia. To settle these difficulties a con- 
gress was suggested. Russia accepted the proposal, and 
accordingly the famous Congress of Berlin came together 
on June 13, 1878. In this Congress Great Britain sat as 
the ally of Turkey. On June 4, Disraeli had concluded 
a treaty with the Sublime Porte. According to this, 
Turkey gave over to Great Britain the occupation and 
administration of Cyprus. Britain, on her part, engaged 
in the future to defend Turkey's position against Russia 
in Asia. 1 

The Treaty of Berlin was concluded on July 13, 1878. 
Every Article of it is of the highest importance, and 
although it has subsequently been, in many respects, 
modified, broken and changed, it still remains the ground- 
plan of the States-system of South-East Europe. In 
order to appreciate its importance it is necessary not 
merely that each Article should be carefully studied, but 
that the previous history of each Balkan State that was 
then recognized or established should be fully understood. 

The first alteration of the Treaty of Berlin came in 
1886. The new State of Bulgaria extended only from the 
Danube to the Balkans. Eastern Rumelia, the fertile 
plain to the south of the Balkans, was a Turkish province 
under a native Christian Governor. In 1886, however, 
a revolution broke out in Philippopolis, in favour of union 
with Bulgaria. Prince Alexander of Battenberg, the 
Prince of Bulgaria, then led his army into Philippopolis 
and hoisted the national flag. 2 The Turkish Government 
never formally admitted the cession of Eastern Rumelia, 
but the province was in fact incorporated with Bulgaria, 

1 Convention of Constantinople, June 4, 1878 ; Hertslet, vol. iv, 
No. 524 ; Mowat, Select Treaties, pp. 78-9. Before the Congress met. 
Russia and Great Britain had also settled their differences by a 
Secret Convention signed on May 30. It was abstracted from the 
Foreign Office by a copying clerk, and was published in the Globe 
newspaper on June 14, the day after the Congress had assembled. 

See Act for modifying Articles XV and XVII of the Treaty of 
Berlin, April 5, 1886 (Hertslet, No. 611). 



THE BALKAN LEAGUE 327 

and Rumeliots took their seat in the Sobranye, the Parlia- 
ment, at Sofia. In the same year Russia denounced 
Article LIX of the Berlin Treaty, which declared Batoum 
to be purely a port of commerce. 

The Berlin settlement was not seriously questioned 
again till 1908. In the previous year the Revolution of 
the Young Turks had occurred. Turkey became in theory a 
constitutional monarchy, with strong military and national- 
istic aims. Austria did not wait for further developments, 
but on October 3 suddenly announced the annexation of 
Bosnia and Herzegovina, contrary to Article XXV of the 
Treaty of Berlin. On October 5, Prince Ferdinand of 
Bulgaria proclaimed the complete independence of his 
principality (the tribute to Turkey, as a matter of fact, 
had never been paid), and erected it into a kingdom. On 
September 29, 1911, the Italian Government began a war 
with Turkey, ending with the annexation of Tripoli by the 
Treaty of Lausanne, October 18, iqiz. 1 

In 1912 the First Balkan War broke out. The Balkan 
League or Union of Bulgaria, Greece, Serbia, and Monte- 
negro was formed early in 1912, through the efforts of King 
Ferdinand of Bulgaria and the eminent Cretan politician, 
Eleutherios Venizelos, who in 1910 had been chosen by 
King George of Greece as Premier of the Greek Government. 
The States of the Balkan League presented certain de- 
mands to Turkey with regard to the territory and the 
administration of Macedonia, which the Porte did not 
concede, and accordingly war began on September 30, 
1912, nearly three weeks before the Peace between Turkey 
and Italy was concluded over the Tripolitana. 

The course which the war took was a surprise to Europe, 
and a surprise even to the Balkan States themselves, for 
they conquered more land from Turkey than, apparently, 
they had arranged to divide. Bulgaria took Adrianople and 
penetrated down to the lines of Bulair which defend the 

1 See Mowat, Select Treaties, pp. xliii-iv and pp. 83-7, 116-19. 



328 TURKEY, RUSSIA, AND BALKAN STATES 

Gallipoli Peninsula from the mainland. The Serbians won 
most of Macedonia, and the Greeks entered Salonika. At 
one time it looked as if the Bulgarians might take Con- 
stantinople, but they were stopped at the Chatalja lines. 
The usual difficulty was found in breaking off the war and 
adjusting the claims of the Allies. An international 
conference was invited to London by Sir Edward Grey, 
the British Foreign Minister, and simultaneously the 
plenipotentiaries of the Balkan States and Turkey met at 
London. These conferences ended with the Treaty of 
London, May 30, 1913, according to which Turkey ceded 
to the Balkan Allies all her territory (except Albania) to 
the west of the line Enos-Midia, and also the Island of 
Crete. 1 

The next step was to arrange for the division of this 
territory among the Allies themselves. The negotiations 
for this ended in the Second Balkan War, of Bulgaria 
against Greece and Serbia, begun on June 30 (1913). The 
war was stopped by the intervention, after July 9, of 
Roumania against Bulgaria. The Conference of Peace was 
held at Bucharest. In the meantime Turkey had quietly 
re-occupied Adrianople on July 20* The Treaty of 
Bucharest was concluded on August 10, 1913. Bulgaria 
did not lose much at the hands of the Balkan Allies. 
Roumania extended her Dobruja frontier, but Bulgaria 
was extended down to the Aegean at Dedeagach. Serbia 
got a great part of Macedonia ; Greece got Salonika and 
Kavalla. The Powers who had arranged the Treaty of 
London thus saw their arrangements set aside. Great 
Britain did not recognize the validity of the Treaty of 
Bucharest. When, however, Bulgaria joined the Central 
Powers in the European War on October 12, 1915, 

1 See p. 112. 

* Bulgaria retroceded Adrianople to Turkey by the Treaty of 
Constantinople, September 29, 1913. (Nouveau Recueil, 3 m e seric, 
tome viii.) 



THE EUROPEAN WAR . 329 

the attitude of Great Britain, France, and Russia towards 
the Treaty of Bucharest naturally changed. 

The European War, which began on August 2, 1914, was 
not intended, as far as the Allies were concerned, to in- 
volve any further modification of the Treaty of Berlin, or any 
change in the territorial position of Turkey. On August 22, 
1914, Great Britain, France, and Russia, on condition of 
Turkey observing neutrality, engaged to ' give a joint 
guarantee in writing that they will respect the independence 
and integrity of Turkey ', and ' that no conditions in the 
terms of peace at the end of the war shall prejudice this 
independence and integrity '.* Turkey, however (against 
the Treaty of Paris, 1856, and the Treaty of London, 1871), 
had already, on August n, admitted the German warships 
Goeben and Breslau into the Dardanelles without interning 
them. On September 10, the Porte sent Notes to the Euro- 
pean Governments announcing that the Capitulations by 
which Turkey's behaviour to foreigners within her territory 
was governed, were abolished. All the Powers protested 
against this. 2 On October 29 the Turkish fleet sank a 
Russian gunboat at Odessa and bombarded Feodosia. This 
act of war dissolved the Convention of Constantinople by 
which Great Britain had allied herself to Turkey and received 
the administration of Cyprus. 3 The island was accordingly 
declared to be annexed to Great Britain on November 5, 
1914. 

On December 19, of the same year, Egypt was declared 
to be a British Protectorate. 4 

1 Sir Edward Grey to Sir L. Mallet, Correspondence respecting 
Turkey, Parliamentary Papers, Cd. 7628 (1914), p. 9. 

* Sir L. Mallet to Sir E. Grey, ibid., p. 23. 

* June 4, 1878; see above, p. 326, and Mowat, Select Treaties, 
p. 78. 

Ibid., p. 95. 



330 TURKEY, RUSSIA, AND BALKAN STATES 

TREATY BETWEEN GREAT BRITAIN, AUSTRIA, FRANCE, 
GERMANY (PRUSSIA), ITALY, RUSSIA, AND TURKEY, 
FOR THE REVISION OF CERTAIN STIPULATIONS OF THE 
TREATIES OF 30TH MARCH 1856, RELATIVE TO THE 
BLACK SEA AND DANUBE. SIGNED AT LONDON, 
I3TH MARCH, iSyi. 1 

ARTICLE I. Articles XI, XIII, and XIV of the Treaty 
of Paris of the 30th March 1856, as well as the special 
Convention concluded between Russia and the Sublime 
Porte, and annexed to the said Article XIV, are abrogated, 
and replaced by the following Article. 

ARTICLE II. The principle of the closing of the Straits 
of the Dardanelles and the Bosphorus, such as it has been 
established by the separate Convention of the 30th March 
1856, is maintained, with power to His Imperial Majesty 
the Sultan to open the said Straits in time of Peace to the 
Vessels of War of friendly and allied Powers, in case the 
Sublime Porte should judge it necessary in order to secure 
the execution of the stipulations of the Treaty of Paris 
of the 3oth March 1856. 

ARTICLE III. The Black Sea remains open, as heretofore, 
to the Mercantile Marine of all Nations. 

ARTICLE IV. The Commission established by Article XVI 
of the Treaty of Paris, in which the Powers who joined in 
signing the Treaty are each represented by a delegate, and 
which was charged with the designation and execution of 
the works necessary below Isaktcha, to clear the Mouths 
of the Danube, as well as the neighbouring parts of the 
Black Sea, from the sands and other impediments which 
obstruct them, in order to put that part of the River and 
the said parts of the sea in the best state for navigation, 
is maintained in its present composition. The duration of 
that Commission is fixed for a further period of 12 years, 
counting from the 24th April, 1871, that is to say, till the 
24th April, 1883, being the term of the Redemption of the 
Loan contracted by that Commission, under the Guarantee 
of Great Britain, Germany, Austria-Hungary, France, 
Italy, and Turkey. 

ARTICLE V. The conditions of the re-assembling of the 
Riverain Commission, established by Article XVII of the 

1 State Papers, vol. Ixi, p. 7; Hertslet, vol.iii, No. 439. 



TREATY OF LONDON, 1871 331 

Treaty of Paris of the soth March 1856, shall be fixed by 
a previous understanding between the Riverain Powers, 
without prejudice to the clause relative to the 3 Danubian 
Principalities ; and in so far as any modification of 
Article XVII of the said Treaty may be involved, this 
latter shall form the subject of a special Convention 
between the co-signatory Powers. 

ARTICLE VI. As the Powers which possess the shores of 
that part of the Danube where the Cataracts and the 
Iron Gates offer impediments to navigation reserve to 
themselves to come to an understanding with the view of 
removing those impediments, the High Contracting Parties 
recognise from the present moment their right to levy 
a Provisional Tax on Vessels of commerce of every flag 
which may henceforth benefit thereby, until the extinction 
of the Debt contracted for the execution of the Works ; 
and they declare Article XV of the Treaty of Paris of 1856, 
to be inapplicable to that part of the River for a space 
of time necessary for the repayment of the debt in 
question. 

ARTICLE VII. All the Works and Establishments of 
every kind created by the European Commission in execu- 
tion of the Treaty of Paris of 1856, or of the present Treaty, 
shall continue to enjoy the same Neutrality which has 
hitherto protected them, and which shall be equally 
respected for the future, under all circumstances, by the 
High Contracting Parties. The benefits of the immunities 
which result therefrom shall extend to the whole adminis- 
trative and engineering staff of the Commission. It is, 
however, well understood that the provisions of this Article 
shall in no way affect the right of the Sublime Porte to 
send, as heretofore, its Vessels of War into the Danube in 
its character of Territorial Power. 

ARTICLE VIII. The High Contracting Parties renew 
and confirm all the stipulations of the Treaty of the 3oth 
March, 1856, as well as of its annexes, which are not annulled 
or modified by the present Treaty. 

ARTICLE IX. The present Treaty shall be ratified, and 
the Ratifications shall be exchanged at London in the term 
of 6 weeks, or sooner if possible. 

In witness whereof the respective Plenipotentiaries have 
signed the same, and have affixed thereto the Seal of their 
Arms. 



332 TURKEY, RUSSIA, AND BALKAN STATES 

Done at London, the I3th day of the month of March, 
in the year 1871. 

(L.S.) GRANVILLE. 

(L.S.) BERNSTORFF. 

(L.S.) APPONYI. 

(L.S.) BROGLIE. 

(L.S.) CADORNA. 

(L.S.) BRUNNOW. 

(L.S.) MUSURUS. 

TREATY BETWEEN GREAT BRITAIN, AUSTRIA-HUNGARY, 
FRANCE, GERMANY, ITALY, RUSSIA, AND TURKEY, 
FOR THE SETTLEMENT OF THE AFFAIRS OF THE EAST. 
SIGNED AT BERLIN, I3TH JULY, I878. 1 

Bulgaria. An Autonomous and Tributary Principality under 
.Suzerainty of the Sultan. Christian Government. Na- 
tional Militia. 

ARTICLE I. Bulgaria is constituted an autonomous and 
tributary Principality under the suzerainty of His Imperial 
Majesty the Sultan ; it will have a Christian Government 
and a national militia. 

Bulgaria. Boundaries. 

ARTICLE II. The Principality of Bulgaria will include 
the following territories : 

Boundary between Bulgaria and Roumania. Silistria to 

Mangalia. 

The frontier follows on the north the right bank of the 
Danube from the former frontier of Servia up to a point 
to be determined by a European Commission to the east 
of Silistria, and thence runs to the Black Sea to the south of 
Mangalia, which is included in Roumanian territory. The 
Black Sea forms the eastern boundary of Bulgaria. 

Boundary between Bulgaria and Eastern Roumelia. 

On the south the frontier follows upwards from its 

mouth the mid-channel of the brook near which are 

situated the villages of Hodzakioj, Selam-Kioj, AivadSik, 

Kulibe, Sudzuluk ; crosses obliquely the valley of the Deli- 

1 State Papers, vol. Ixix, p. 749 ; Hertslet, vol. iv. No. 530. 



TREATY OF BERLIN, 1878 333 

KamSik, passes south of Belibe and Kemhalik and north 
of Hadzimahale after having crossed the Deli-Kamclk at 
2^ kilom. above Cengei ; reaches the crest at a point 
situated between Tekenlik and Aidos-Bredza, and follows 
it by Karnabad Balkan, Prisevica Balkan, Kazan Balkan 
to the north of Kotel as far as Demir Kapu. It proceeds 
by the principal chain of the Great Balkan, the whole 
length of which it follows up to the summit of Kosica. 

There it leaves the crest of the Balkan, descends south- 
wards between the villages of Pirtop and Duzanci, the one 
being left to Bulgaria and the other to Eastern Roumelia, 
as far as the brook of Tuzlu Dere, follows that stream to 
its junction with the Topolnica, then the latter river until 
it meets the Smovskio Dere near the village of Petricevo, 
leaving to Eastern Roumelia a zone with a radius of 2 
kilom. above that junction, ascends between the brooks of 
Smovskio Dere and the Kamenica, following the line of 
the watershed so as to turn to the south-west at the level 
of Voinjak and reach directly the point 875 of the Austrian 
Staff map. 

The frontier line cuts at right angles the upper basin of 
the brook of Ichtiman Dere, passes between Bogdina and 
Karaula, so as to rejoin the line of the watershed separating 
the basins of the Isker and the Marica, between Camurli 
and HadSilar, follows that line by the summits of Velina 
Mogila, the ' col ' 531, Zmailica Vrh, Sumnatica, and 
rejoins the administrative boundary of the Sandjak of 
Sofia between Sivri Tag and Cadir Tepe. 

Boundary between Bulgaria and Turkey (Macedonia). 

From Cadir Tepe, the frontier, taking a south-westerly 
direction, follows the watershed between the basins of the 
Mesta Karasu on the one side, and the Struma Karasu on 
the other, runs along the crests of the mountains of Rhodope 
called Demir Kapu, Iskoftepe, Kadimesar Balkan, and 
Aiji Gediik up to Kapetnik Balkan, and thus joins the 
former administrative frontier of the Sandjak of Sofia. 

From Kapetnik Balkan the frontier is indicated by the 
watershed between the valleys of the Rilska reka and of 
the Bistrica reka, and follows the ridge called Vodenica 
Planina, descending into the valley of the Struma at the 
junction of this river with the Rilska reka, leaving the 
village of Barakli to Turkey. It ascends then south of 



334 TURKEY, RUSSIA, AND BALKAN STATES 

the village of JeleSnica, and reaches by the shortest line 
the chain of Golema Planina at the summit of Gitka, and 
rejoins there the former administrative frontier of the 
Sandjak of Sofia, leaving, however, to Turkey the whole 
of the basin of the Suha reka. 

From Mount Gitka the western frontier goes towards 
Mount Crni Vrh by the mountains of Karvena Jabuka, 
following the former administrative limit of the Sandjak 
of Sofia in the upper part of the basins of Egrisu and of 
the Lepnica, ascends with it the crests of Babina Polana, 
and reaches Mount Crni Vrh. 

Boundary between Bulgaria and Servia. 

From Mount Crni Vrh the frontier follows the watershed 
between the Struma and the Morava by the summits of 
the StreSer, Vilogolo, and Meid Planina, rejoins by the 
Gaclna, Crna Trava, Darkovska, and Drainica Plan, then 
the Decani Kladanec, the watershed of the High Sukowa 
and of the Morava, goes straight to the Stol, and descends 
from it so as to cut the road from Sofia to Pirot, 1,000 
metres north-west of the village of Segusa. It ascends in 
a straight line the Vidlic Planina and thence Mount Rado- 
cina in the chain of the Kodza Balkan, leaving to Servia 
the village of Doikinci, and to Bulgaria that of Senakos. 

From the summit of Mount Radoclna the frontier follows 
towards the west the crest of the Balkans by Ciprovec 
Balkan and Stara Planina up to the former eastern frontier 
(I'ancienne frontiere orientate) of the Principality of Servia, 
near to the Kula Smiljova Cuka, and thence that former 
frontier as far as the Danube, which it rejoins at Rako- 
vitza. 

Bulgaria. Delimitation by European Commission. Balkan 
Frontiers of Eastern Roumelia. Non-erection of Forti- 
fications. 

This delimitation shall be fixed on the spot by the 
European Commission, on which the Signatory Powers 
shall be represented. It is understood 

1. That this Commission will take into consideration 
the necessity for His Imperial Majesty the Sultan to be 
able to defend the Balkan frontiers of Eastern Roumelia. 

2. That no fortifications may be erected within a radius 
of 10 kilom. from Samakow. 



TREATY OF BERLIN, 1878 335 

Bulgaria. Election of Prince. Exclusion of Members of 
Reigning Dynasties of Great European Powers. 

ARTICLE III. The Prince of Bulgaria shall be freely 
elected by the population and confirmed by the Sublime 
Porte, with the assent of the Powers. No member of the 
Reigning Dynasties of the Great European Powers may be 
elected Prince of Bulgaria. 

Bulgaria. Election of Prince in case of a Vacancy. 

In case of a vacancy in the princely dignity, the election 
of the new Prince shall take place under the same con- 
ditions and with the same forms. 

Bulgaria. Assembly of Notables to draw up Organic Law at 

Tirnovo. 

ARTICLE IV. An Assembly of Notables of Bulgaria, 
convoked at Tirnovo, shall, before the election of the 
Prince, draw up the Organic Law of the Principality. 

Rights and Interests of different Populations to be considered. 

In the districts where Bulgarians are intermixed with 
Turkish, Roumanian, Greek, or other populations, the 
rights and interests of these populations shall be taken 
into consideration as regards the elections and the drawing 
up of the Organic Law 

Bulgaria. Basis of Public Law. 

ARTICLE V. The following points shall form the basis 
of the public law of Bulgaria : 

Bulgaria. Civil and Political Rights. Exercise of Professions 
and Industries by all, irrespective of Religious Creeds. 

The difference of religious creeds and confessions shall 
not be alleged against any person as a ground for exclusion 
or incapacity in matters relating to the enjoyment of civil 
and political rights, admission to public employments, 
functions, and honours, or the exercise of the various pro- 
fessions and industries in any locality whatsoever. 



336 TURKEY, RUSSIA, AND BALKAN STATES 

Bulgaria. Freedom of Religious Worship. 

The freedom and outward exercise of all forms of worship 
are assured to all persons belonging to Bulgaria, as well as 
to foreigners, and no hindrance shall be offered either to 
the hierarchical organization of the different communions, 
or to their relations with their spiritual chiefs. 

Bulgaria. Provisional Administration by a Russian Com- 
missary, assisted by a Turkish Commissary and by 
Consuls delegated by the Powers, until completion of 
Organic Law. 

ARTICLE VI. The provisional administration of Bulgaria 
shall be under the direction of an Imperial Russian Com- 
missary until the completion of the Organic Law. An 
Imperial Turkish Commissary, as well as the Consuls 
delegated ad hoc by the other Powers, signatory of the 
present Treaty, shall be called to assist him so as to control 
the working of this provisional regime. In case of dis- 
agreement amongst the Consular Delegates, the vote of 
the majority shall be accepted, and in case of a divergence 
between the majority and the Imperial Russian Com- 
missary or the Imperial Turkish Commissary, the Repre- 
sentatives of the Signatory Powers at Constantinople, 
assembled in Conference, shall give their decision. 



Bulgaria. Provisional Regime not to extend beyond Nine 
Months. 

ARTICLE VII. The provisional regime shall not be pro- 
longed beyond a period of nine months from the exchange 
of the ratifications of the present Treaty. 



Bulgaria. Prince to be elected as soon as Organic Law is 
completed. 

When the Organic Law is completed the election of the 
Prince of Bulgaria shall be proceeded with immediately. 
As soon as the Prince shall have been installed, the new 
organization shall be put into force, and the Principality 
shall enter into the full enjoyment of its autonomy. 



TREATY OF BERLIN, 1878 337 

Bulgaria. Commercial Treaties, &c., between Foreign Powers 
and the Porte, to remain in force. 

ARTICLE VIII. The Treaties of Commerce and of 
Navigation as well as all the Conventions and arrange- 
ments concluded between Foreign Powers and the Porte, 
and now in force, are maintained in the Principality of 
Bulgaria, and no change shall be made in them with 
regard to any Power without its previous consent. 

Bulgaria. No Transit Duties to be levied. 

No transit duties shall be levied in Bulgaria on goods 
passing through that Principality. 

Bulgaria. Equality of treatment for the Subjects, Citizens, 
and Commerce of all the Powers. 

The subjects and citizens and commerce of all the 
Powers shall be treated in the Principality on a footing 
of strict equality. 

Bulgaria. Immunities and Privileges of Foreigners. Consular 
Jurisdiction and Protection. 

The immunities and privileges of foreigners, as well as 
the rights of Consular jurisdiction and protection as 
established by the Capitulations and usages, shall remain 
in full force so long as they shall not have been modified 
with the consent of the parties concerned. 



Bulgaria. Tribute to Suzerain Court. Amount to be fixed by 
Signatory Powers. 

ARTICLE IX. The amount of the annual Tribute which 
the Principality of Bulgaria shall pay to the Suzerain 
Court such amount being paid into whatever bank the 
Porte may hereafter designate shall be fixed by an 
agreement between the Powers Signatory of the present 
Treaty at the close of the first year of the working of the 
new organization. This Tribute shall be calculated on the 
mean revenue of the territory of the Principality. 

1903 



338 TURKEY, RUSSIA, AND BALKAN STATES 

Bulgaria. Portion of Ottoman Public Debt to be paid by the 

Principality. 

As Bulgaria is to bear a portion of the Public Debt of 
the Empire, when the Powers fix the Tribute, they shall 
take into consideration what portion of that Debt can, on 
the basis of a fair proportion, be assigned to the Princi- 
pality. 

Bulgaria. Acceptance of Obligations towards Rustchuck- 

Varna Railway Company. 

ARTICLE X. Bulgaria takes the place of the Imperial 
Ottoman Government in its undertakings and obligations 
towards the Rustchuck- Varna Railway Company, dating 
from the exchange of the ratifications of the present 
Treaty. The settlement of the previous accounts is reserved 
for an understanding between the Sublime Porte, the 
Government of the Principality, and the administration 
of this Company. 

Bulgaria. Acceptance of Obligations in respect of other 
Railways of European Turkey in Principality. 

The Principality of Bulgaria likewise, so far as it is con- 
cerned, takes the place of the Sublime Porte in the 
engagements which the latter has contracted, as well 
towards Austria-Hungary as towards the Company, for 
working the Railways of European Turkey in respect to 
the completion and connexion, as well as the working of 
the Railways situated in its territory. 

Bulgaria. Railway Conventions to be concluded with Austria- 
Hungary, the Porte, and Servia. 

The Conventions necessary for the settlement of these 
questions shall be concluded between Austria-Hungary, 
the Porte, Servia, and the Principality of Bulgaria imme- 
diately after the conclusion of peace. 

Bulgaria. Turkish Evacuation. Demolition of Fortresses. 
ARTICLE XI. The Ottoman army shall no longer remain 
in Bulgaria ; all the old fortresses shall be razed at the 
expense of the Principality within one year or sooner if 
possible ; the local Government shall immediately take 
steps for their demolition, and shall not construct fresh 
ones. 



TREATY OF BERLIN, 1878 339 

Bulgaria. Disposal of War Material, &c., in Fortresses of 
Danube, Shumla, and Varna. 

The Sublime Porte shall have the right of disposing as 
it likes of the war material and other effects belonging to 
the Ottoman Government which may have remained in 
the fortresses of the Danube already evacuated in virtue 
of the Armistice of the 3ist January, as well as of those 
in the strongholds of Shumla and Varna. 

Bulgaria. Right of Non-resident Mussulman Proprietors 
and others to hold Real Property. 

ARTICLE XII. Mussulman proprietors or others who 
may take up their abode outside the Principality may 
continue to hold there their real property, by farming it 
out, or having it administered by third parties. 

Bulgaria. State Property and Religious Foundations 
(Vakoufs). Appointment of a Tut 'co-Bulgarian Commis- 
sion. 

A Turco-Bulgarian Commission shall be appointed to 
settle, within a period of two years, all questions relative 
to the mode of alienation, working, or use on the account 
of the Sublime Porte, of property belonging to the State 
and religious foundations (Vakoufs), as well as of the 
questions regarding the interests of private persons engaged 
therein. 

Bulgarians travelling or dwelling in other parts of Turkey, 
subject to Ottoman Authorities and Laws. 

Persons belonging to the Principality of Bulgaria, who 
shall travel or dwell in the other parts of the Ottoman 
Empire, shall be subject to the Ottoman authorities and 
laws. 

Eastern Roumelia. Formation of Province under a Christian 
Governor-General. 

ARTICLE XIII. A province is formed south of the Balkans 
which will take the name of ' Eastern Roumelia ', and will 
remain under the direct political and military authority 
of His Imperial Majesty the Sultan, under conditions of 
administrative autonomy. It shall have a Christian 
Governor-General. 

z 2 



340 TURKEY, RUSSIA, AND BALKAN STATES 

Eastern Roumdia. Boundaries. 

ARTICLE XIV. Eastern Roumelia is bounded on the 
north and north-west by Bulgaria, and comprises the 
territories included by the following line : 

Boundary between Eastern Roumelia and Bulgaria. 

Starting from the Black Sea the frontier follows upwards 
from its mouth the mid-channel of the brook near which 
are situated the villages of HodSakioj, Selam-Kioj, Aivadsik, 
Kulibe, SudSuluk, crosses obliquely the Valley of the Deli 
Kamclk, passes south of Belibe and Kemhalik, and north 
of HadSimahale, after having crossed the Deli-KamSik at 
2^ kilom. above Cengei ; reaches the crest at a point 
situated between Tekenlik and Aidos-Bredza, and follows 
it by Karnabad Balkan, Prisevica Balkan, Kazan Balkan 
to the north of Kotel as far as Demir Kapu. It proceeds 
by the principal chain of the Great Balkan, the whole 
length of which it follows up to the summit of Kosica. 

At this point the western frontier of Roumelia leaves 
the crest of the Balkan, descends southwards between the 
villages of Pirtop and Duzanci the one being left to 
Bulgaria and the other to Eastern Roumelia, as far as the 
brook of Tuzlu Dere, follows that stream to its junction 
with the Topolnica, then the latter river until it meets 
the Smovskio Dere near the village of Petric'evo, leaving 
to Eastern Roumelia a zone with a radius of 2 kilom. 
above that junction, ascends between the brooks of Smov- 
skio Dere and the Kamenica, following the line of the 
watershed so as to turn to the south-west at the level of 
Voinjak and reach directly the point 875 of the Austrian 
Staff map. 

The frontier line cuts at right angles the upper basin of 
the brook of Ichtiman Dere, passes between Bogdina and 
Karaula, so as to rejoin the line of the watershed separating 
the basins of the Isker and the Marica, between Camurli 
and HadSilar, follows that line by the summits of Velina 
Mogila, the ' col ' 531, Zmailica Vrh, Sumnatica, and 
rejoins the administrative boundary of the Sandjak of 
Sofia between Sivri Tas and Cadir Tepe. 



TREATY OF BERLIN, 1878 341 

Southern Boundary of Eastern Roumelia. 

The frontier of Roumelia leaves that of Bulgaria at 
Mount Cadir Tepe, following the line of the watershed 
between the basins of the Maritza and of its affluents on 
one side, and of the Mesta Karasu and of its affluents on 
the other, and takes the direction south-east and then 
south along the crest of the Despoto Dagh Mountains, 
towards Mount Kruschowa (whence starts the frontier line 
of the Treaty of San Stefano). 

From Mount Kruschowa the frontier is the same as the 
line laid down by the Treaty of San Stefano, that is to say, 
the chain of the Black Balkans (Kara Balkan), the moun- 
tains Kulaghy-Dagh, Eschek-Tschepellii, Karakolas, and 
Ischiklar, from whence it descends due south-east till it 
reaches the River Arda, and follows the mid-channel of 
this river up to a point close to the village of Adacali, 
which remains to Turkey. 

From this point the frontier line ascends the crest of the 
Bestepe-Dagh, which it follows, then descends and crosses 
the Maritza, at a point situated 5 kilom. above the bridge 
of Mustafa Pasha ; thence it takes a northerly direction 
by the line of the watershed between DemirhanU Dere and 
the small affluents of the Maritza to Kiideler Bair, whence 
it runs east to Sakar Bair ; from this point it crosses the 
valley of the Tundza in the direction of Biijiik Derbend, 
which is left to the north, as also is Soudzak. From Biijiik 
Derbend it regains the line of the watershed between the 
affluents of the Tundia on the north and those of the 
Maritza on the south, up to the level of Kaibilar, which is 
included in Eastern Roumelia, and passes to the south of 
V. Almali between the basin of the Maritza to the south 
and the various streams which flow straight into the Black 
Sea, between the villages of Belevrin and Alatli ; it follows 
to the north of Karanlik the crests of Vosna and Zuvak, 
the line which separates the waters of the Duka and those 
of the Karagac-Su, and rejoins the Black Sea between 
those two rivers. 

Eastern Roumelia. Right of Sultan. Fortifications on 

Frontiers (Balkan Passes). 

ARTICLE XV. His Majesty the Sultan shall have the 
right of providing for the defence of the land and sea 
frontiers of the province by erecting fortifications on those 
frontiers, and maintaining troops there. 



342 TURKEY, RUSSIA, AND BALKAN STATES 

Eastern Roumelia. Maintenance of Internal Order. Irregular 
Troops, Bashi-Bazouks, and Circassians. 

Internal order is maintained in Eastern Roumelia by 
a native gendarmerie assisted by a local militia. 

In forming these corps, the officers of which are nomi- 
nated by the Sultan, regard shall be paid in the different 
localities to the religion of the inhabitants. 

His Imperial Majesty the Sultan undertakes not to 
employ irregular troops, such as Bashi-Bazouks and 
Circassians, in the garrisons of the frontiers. The regular 
troops detailed for this service must not in any case be 
billeted on the inhabitants. When they pass through the 
province they shall not make a stay there. 

Eastern Roumelia. Right to summon Ottoman Troops in 

case of need. Powers to be informed. 
ARTICLE XVI. The Governor-General shall have the 
right of summoning the Ottoman troops in the event of 
the internal or external security of the province being 
threatened. In such an eventuality the Sublime Porte 
shall inform the Representatives of the Powers at Con- 
stantinople of such a decision, as well as of the exigencies 
which justify it. 

Eastern Roumelia. Governor-General to be nominated by the 

Porte, with assent of Powers, for Five Years. 
ARTICLE XVII. The Governor-General of Eastern Rou- 
melia shall be nominated by the Sublime Porte, with the 
assent of the Powers, for a term of five years. 

Eastern Roumelia. Appointment of European Commission 

to arrange organization. Duties of Commission. 
ARTICLE XVIII. Immediately after the exchange of the 
ratifications of the present Treaty, a European Commission 
shall be formed to arrange, in concert with the Ottoman 
Porte, the organization of Eastern Roumelia. This Com- 
mission will have to determine, within three months, the 
powers and functions of the Governor-General, as well as 
the administrative, judicial, and financial system of the 
province, taking as its basis the various laws for the 
vilayets and the proposals made in the eighth sitting of 
the Conference of Constantinople. 



TREATY OF BERLIN, 1878 343 

i ^ 

Eastern Roumelia. Firman to be communicated to the Powers. 

The whole of the arrangements determined on for 
Eastern Roumelia shall form the subject of an Imperial 
Firman, which will be issued by the Sublime Porte, and 
which it will communicate to the Powers. 

Eastern Roumelia. European Commission to administer 
Finances of Province. 

ARTICLE XIX. The European Commission shall be 
charged to administer, in concert with the Sublime Porte, 
the finances of the province until the completion of the 
new organization. 

Eastern Roumelia. Treaties, &c., between Foreign Powers 
and the Porte, to remain in force. Immunities and 
Privileges of Foreigners. Religious Liberty. 

ARTICLE XX. The Treaties, Conventions, and inter- 
national arrangements of any kind whatsoever, concluded 
or to be concluded between the Porte and foreign Powers, 
shall apply in Eastern Roumelia as in the whole Ottoman 
Empire. The immunities and privileges acquired by 
foreigners, whatever their status, shall be respected in 
this province. The Sublime Porte undertakes to enforce 
there the general laws of the Empire on religious liberty 
in favour of all forms of worship. 

Eastern Roumelia. Rights and Obligations of Turkey with 
regard to Railways. 

ARTICLE XXI. The rights and obligations of the Sub- 
lime Porte with regard to the Railways of Eastern Roumelia 
are maintained in their integrity. 

Bulgaria and Eastern Roumelia. Russian Occupation. 

ARTICLE XXII. The strength of the Russian corps of 
occupation in Bulgaria and Eastern Roumelia, which shall 
be composed of six divisions of infantry and two divisions 
of cavalry, shall not exceed 50,000 men. It shall be main- 
tained at the expense of the country occupied. The army 
of occupation will preserve its communications with Russia 
not only through Roumania, in accordance with arrange- 
ments to be concluded between the two States, but also 



344 TURKEY, RUSSIA, AND BALKAN STATES 

through the ports of the Black Sea, Varna, and Bourgas, 
where it may, during the period of occupation, organize 
the necessary depdts. 

Bulgaria and Eastern Roumelia. Period of Occupation. 

The period of the occupation of Eastern Roumelia and 
Bulgaria by the Imperial Russian troops is fixed at nine 
months from the date of the exchange of the ratifications 
of the present Treaty. 

Roumania. Period for Russian Evacuation. 

The Imperial Russian Government undertakes that 
within a further period of three months the passage of its 
troops across Roumania shall cease, and that Principality 
shall be completely evacuated. 

Crete. Application of Organic Law of 1868. 

ARTICLE XXIII. The Sublime Porte undertakes scru- 
pulously to apply in the Island of Crete the Organic Law 
of 1868 with such modifications as may be considered 
equitable. 

Organic Laws. Laws similar to Organic Law for Crete to 
be introduced into other parts of Turkey in Europe, 
except exemption from Taxation. 

Similar laws adapted to local requirements, excepting as 
regards the exemption from taxation granted to Crete, 
shall also be introduced into the other parts of Turkey in 
Europe for which no special organization has been provided 
by the present Treaty. 

Organic Laws. Special Commission to settle details of 
new Laws. 

The Sublime Porte shall depute special Commissions, in 
which the native element shall be largely represented, to 
settle the details of the new laws in each province. 

The schemes of organization resulting from these labours 
shall be submitted for examination to the Sublime Porte, 
which, before promulgating the Acts for putting them into 
force, shall consult the European Commission instituted 
for Eastern Roumelia. 



TREATY OF BERLIN, 1878 345 

Greece. Rectification of Frontier. Powers may offer Media- 
tion in case of Disagreement between Turkey and Greece. 
ARTICLE XXIV. In the event of the Sublime Porte and 
Greece being unable to agree upon the rectification of 
frontier suggested in the i3th Protocol of the Congress 
of Berlin, Germany, Austria-Hungary, France, Great 
Britain, Italy, and Russia reserve to themselves to offer 
their mediation to the two parties to facilitate negotiations. 

Bosnia and Herzegovina. To be occupied and administered 
by Austria-Hungary, Sandjak of Novi-Bazar excepted, 
with right of Austria- Hungary to keep Garrisons, and to 
have Military and Commercial Roads. 
ARTICLE XXV. The Provinces of Bosnia and Herze- 
govina shall be occupied and administered by Austria- 
Hungary. The Government of Austria-Hungary, not 
desiring to undertake the administration of the Sandjak 
of Novi-Bazar, which extends between Servia and Monte- 
negro in a south-easterly direction to the other side of 
Mitrovitza, the Ottoman Administration will continue to 
exercise its functions there. Nevertheless, in order to 
assure the maintenance of the new political state of affairs, 
as well as freedom and security of communications, Austria- 
Hungary reserves the right of keeping garrisons and having 
military and commercial roads in the whole of this part 
of the ancient Vilayet of Bosnia. 1 To this end the Govern- 
ments of Austria-Hungary and Turkey reserve to them- 
selves to come to an understanding on the details. 

Montenegro. Independence. 

ARTICLE XXVI. The independence of Montenegro is 
recognized by the Sublime Porte and by all those of the 
High Contracting Parties who had not hitherto admitted it. 

Montenegro. Conditions : Civil and Political Rights, &c. 
Exercise of Professions and Industries by all, irrespective 
of Religious Creeds. 

ARTICLE XXVII. The High Contracting Parties are 
agreed on the following conditions : 
In Montenegro the difference of religious creeds and con- 

1 The Austrian garrisons were withdrawn fiom the Sandjak in 
1908. In 1913 the district was divided between Serbia and Monte- 
negro after the conclusion of the Second Balkan War. 



346 TURKEY, RUSSIA, AND BALKAN STATES 

fessions shall not be alleged against any person as a ground 
for exclusion or incapacity in matters relating to the 
enjoyment of civil and political rights, admission to public 
employments, functions, and honours, or the exercise of 
the various professions and industries in any locality 
whatsoever. 

Montenegro. Freedom of Religious Worship. 

The freedom and outward exercise of all forms of worship 
shall be assured to all persons belonging to Montenegro, as 
well as to foreigners, and no hindrance shall be offered 
either to the hierarchical organization of the different 
communions, or to their relations with their spiritual 
chiefs. 

Montenegro. Boundaries. 

ARTICLE XXVIII. The new frontiers of Montenegro are 
fixed as follows : 

Starting at Ilino-brdo to the north of Klobuk, the line 
descends to the Trebinjcica towards Grancarevo, which 
remains to Herzegovina, then ascends the course of that 
river up to a point I kilom. below its confluence with the 
Cepelica, and from thence passes by the most direct line 
on to the heights which border the River Trebinjcica. It 
then proceeds in the direction of Pilatova, leaving that 
village to Montenegro, and continues along the heights in 
a northerly direction, maintaining as far as possible 
a distance of 6 kilom. from the Bilek-Korito-Gacko road, 
up to the 'col' between the Somina Planina and Mount 
Curilo, whence it proceeds in an easterly direction by 
Vratkovici, leaving this village to Herzegovina, up to 
Mount Orline. Starting from this point the frontier, 
leaving Ravno to Montenegro, goes straight to the north- 
north-east, crossing the summits of the Lebergnik and of 
the Volujak, then descends by the shortest line on to the 
River Piva, which it crosses, and rejoins the River Tara, 
passing between Crkvica and Nedvina. From this point 
it ascends the Tara to Mojkovac, from which place it 
passes along the crest of the ridge as far as SiSkojezero. 
Leaving this point, it coincides with the former frontier 
as far as the village of Sekulare. From there the new 
frontier passes along the crests of the Mokra Planina, the 
village of Mokra remaining to Montenegro ; it then reaches 



TREATY OF BERLIN, 1878 347 

the point 2166 on the Austrian Staff Map, following the 
principal chain and the line of the watershed between the 
Lim on the one side, and the Drin as well as the Cievna 
(Zem) on the other. 

It then coincides with the existing boundaries between 
the tribe of the Kuci-Drekalovici on one side, and the 
Kucka-Krajna, as well as the tribes of the Klementi and 
Grudi, on the other, to the plain of Podgorica, from whence 
it proceeds towards Plavnica, leaving the Klementi, Grudi, 
and Hoti tribes to Albania. 

Thence the new frontier crosses the lake near the Islet 
of Gorica-Topal, and, from Gorica-Topal, takes a straight 
line to the top of the crest, whence it follows the watershed 
between Megured and Kalimed, leaving Mrkovic to Monte- 
negro, and reaching the Adriatic at V. Krucl. 

On the north-west the frontier will be formed by a line 
passing from the coast between the villages of Sugana and 
Zubci, and terminating at the extreme south-east point of 
the existing frontier of Montenegro on the Vrsuta Planina. 

Montenegro. Annexation of Antivari and its Sea-board. 
Conditions : Dulcigno ; Spizza ; Navigation of the 
Boy ana ; Port of Antivari ; No Ships of War ; No 
Flag of War ; Fortifications, Commerce, &c. 

ARTICLE XXIX. Antivari and its sea-board are annexed 
to Montenegro under the following conditions : 

The districts situated to the south of that territory, in 
accordance with the delimitation above laid down, as far 
as the Boyana, including Dulcigno, shall be restored to 
Turkey. 1 

The Commune of Spida, 2 as far as the southernmost point 
of the territory indicated in the detailed description of 
the frontiers, shall be incorporated with, Dalmatia. 

Montenegro shall have full and complete freedom of 
navigation on the Boyana. No fortifications shall be 
constructed on the course of that river except such as may 
be necessary for the local defence of the stronghold of 

1 Dulcigno was annexed to Montenegro by the Convention of 
Konia, November 25, 1880 ; Hertslet, vol. iv, No. 579. 

* Spica (or Spizza) was annexed to the Austrian Kingdom of 
Dalmatia on April 15,1 879 (see Austrian Law of this date, in Hertslet, 
vol. iv, No. 544). 



348 TURKEY, RUSSIA, AND BALKAN STATES 

Scutari, and they shall not extend beyond a distance of 
6 kilom. from that town. 

Montenegro shall have neither ships of war nor flag of 
war. 

The port of Antivari and all the waters of Montenegro 
shall remain closed to the ships of war of all nations. 

The fortifications situated on Montenegrin territory 
between the lake and the coast shall be razed, and none 
shall be rebuilt within this zone. 

The administration of the maritime and sanitary police, 
both at Antivari and along the coast of Montenegro, shall 
be carried out by Austria-Hungary by means of light 
coast-guard boats. 

Montenegro shall adopt the maritime code in force in 
Dalmatia. On her side Austria-Hungary undertakes to 
grant Consular protection to the Montenegrin merchant 
flag. 

Montenegro shall come to an understanding with Austria- 
Hungary on the right to construct and keep up across the 
new Montenegrin territory a road and a railway. 

Absolute freedom of communication shall be guaranteed 
on these roads. 

Montenegro. Right of Non-resident Mussulmans and others 

to hold Real Property. 

ARTICLE XXX. Mussulmans or others possessing pro- 
perty in the territories annexed to Montenegro, who may 
wish to take up their residence outside the Principality, 
can retain their real property either by farming it out, or 
by having it administered by third parties. 

Montenegro. Indemnity on Expropriation. 
No one shall be liable to be expropriated otherwise than 
by legal process for -the public welfare, and with a previous 
indemnity. 

Montenegro. Turco-Montenegrin Commission to settle mode 

of Alienation. 

A Turco-Montenegrin Commission shall be appointed to 
settle, within a period of three years, all questions relative 
to the mode of alienation, working, or use, on the account 
of the Sublime Porte, of property belonging to the State 



TREATY OF BERLIN, 1878 349 

and religious foundations (Vakoufs), as well as of the 
questions regarding the interests of private parties engaged 
therein. 

Montenegro. Appointment of Agents at Constantinople and 

other Places. 

ARTICLE XXXI. The Principality of Montenegro shall 
come to a direct understanding with the Ottoman Porte 
with regard to the establishment of Montenegrin agents at 
Constantinople, and at certain places in the Ottoman 
Empire where the necessity for them shall be admitted. 

Montenegrins travelling in Turkey to be subject to Ottoman 

Laws and Authorities. 

Montenegrins travelling or residing in the Ottoman 
Empire shall be subject to the Ottoman laws and authori- 
ties, according to the general principles of international 
law,. and the customs established with regard to Monte- 
negrins. 

Montenegrin Troops to evacuate Turkish Territory. 
ARTICLE XXXII. The Montenegrin troops shall be 
bound to evacuate within twenty days from the date of 
the ratification of the present Treaty, or sooner if possible, 
the territory that they occupy at present beyond the new 
limits of the Principality. 

Montenegrin Territories to be evacuated by Ottoman Troops. 
The Ottoman Troops shall evacuate the territories ceded 
to Montenegro within the same period of twenty days. 
A supplementary period of fifteen days shall, however, be 
granted to them, as well for evacuating the fortresses and 
withdrawing the stores and material of war from them, 
as for drawing up inventories of the implements and 
articles which cannot be" immediately removed. 

Montenegro. Payment of portion of Ottoman Public Debt. 
ARTICLE XXXIII. As Montenegro is to bear a portion 
of the Ottoman public debt for the new territories assigned 
to her by the Treaty of Peace, the Representatives of the 
Powers at Constantinople shall determine the amount of 
the same in concert with the Sublime Porte on an equitable 
basis. 



350 TURKEY, RUSSIA, AND BALKAN STATES 

Servia. Conditional recognition of Independence. 

ARTICLE XXXIV. The High Contracting Parties recog- 
nize the independence of the Principality of Servia, subject 
to the conditions set forth in the following Article. 

Servia. Civil and Political Rights. Exercise of Professions 
and Industries by all, irrespective of Religious Creeds. 

ARTICLE XXXV. In Servia the difference of religious 
creeds and confessions shall not be alleged against any 
person as a ground for exclusion or incapacity in matters 
relating to the enjoyment of civil and political rights, 
admission to public employments, functions, and honours, 
or the exercise of the various professions and industries, in 
any locality whatsoever. 

Servia. Freedom of Religious Worship. 

The freedom and outward exercise of all forms of worship 
shall be assured to all persons belonging to Servia, as well 
as to foreigners, and no hindrance shall be offered either 
to the hierarchical organization of the different com- 
munions, or to their relations with their spiritual chiefs. 

Servia. Boundaries. 

ARTICLE XXXVI. Servia receives the territories in- 
cluded in the following delimitation : 

Boundary between Servia and Bosnia : Little Zwornik and 

Sakhar. 

The new frontier follows the existing line ascending the 
mid-channel of the Drina from its confluence with the Save, 
leaving Mali Zwornik and Sakhar to the Principality, and 
continues to follow the former boundary of Servia as far 
as the Kopaonik, leaving it at the summit of the Kanilug. 
From that point it follows at first the western boundary 
of the Sandjak of Nisch by the southern spur of the Kopaonik, 
by the crests of the Marica and Mrdar Planina, which form 
the watershed between the basins of the Ibar and Sitnica 
on one side, and that of the Toplica on the other, leaving 
Piepolac to Turkey. 



TREATY OF BERLIN, 1878 351 

Boundary between Servia and Turkey (Macedonia). 
It then turns to the south by the watershed between 
the Brvenica and the Medvedja, leaving the whole of the 
basin of the Medvedja to Servia ; follows the crests of 
the Goljak Planina (which forms the watershed between 
the Kriva-Rjeka on one side, and the Poljanica, Veternica, 
and Morawa on the other), as far as the summit of the 
Poljanica. It then follows the spur of the Karpina Planina 
as far as the confluence of the Koinska and the Morawa, 
crosses this river, and ascends by the watershed between 
the Koinska brook and the stream which falls into the 
Morawa near Neradovce, to reach the Sv. Ilija Planina 
above Trgoviste. Thence it follows the crest of the Sv. 
Ilija as far as Mount Kljuc, and passing by the points 
marked 1516 and 1547 on the map, and by the Babina 
Gora, it reaches Mount Crni-Vrh. 

Boundary between Servia and Bulgaria. 

From Mount Crni-Vrh the new delimitation coincides 
with that of Bulgaria, that is to say : 

The line of frontier follows the watershed between the 
Struma and the Morawa by the summits of StreSer, Vilogolo, 
and MeSid Planina, rejoins by the Gacina, Crna Trava, 
Darkovska, and Drainica Plan, then the DeScani Kladanec, 
the watershed of the High Sukowa and of the Morawa, 
goes straight to the Stol, and descends from it so as to cut 
the road from Sofia to Pirot, 1,000 metres north-west of 
the village of Segusa. It ascends in a straight line the 
Vidli Planina, and thence Mount Radocina in the chain 
of the Kod2a Balkan, leaving to Servia the village of 
Doikinci, and to Bulgaria that of Senakos. 

From the summit of Mount Radocina the frontier follows 
towards the north-west the crest of the Balkans by Ciprovec 
Balkan and Stara Planina up to the former eastern frontier 
(I'ancienne frontiere orientate) of the Principality of Servia, 
near to the Kula Smiljova Cuka, and thence that former 
frontier as far as the Danube, which it joins at Rakovitza. 1 

Servia. Commercial Intercourse with Foreign Countries. 

ARTICLE XXXVII. Until the conclusion of fresh arrange- 
ments no change shall be made in Servia in the actual 
conditions of the commercial intercourse of the Principality 
with foreign countries. 

1 The names of places printed in italics in this Article could not 
be identified by the Boundary Commissioners. 



352 TURKEY, RUSSIA, AND BALKAN STATES 

Servia. No Transit Duties to be levied. 

No transit duties shall be levied on goods passing through 
Servia. 

Servia. Immunities and Privileges of Foreigners. Consular 
Jurisdiction and Protection. 

The immunities and privileges of foreign subjects, as 
well as the rights of Consular jurisdiction and protection, 
as at present existing, shall remain in full force so long as 
they shall not have been modified by mutual consent 
between the Principality and the Powers concerned. 

Servia. Acceptance of Engagements of the Porte with regard 
to Railways in the Principality (Balkan Railways). 

ARTICLE XXXVIII. The Principality of Servia takes 
the place, so far as it is concerned, of the Sublime Porte 
in the engagements which the latter has contracted as 
well towards Austria-Hungary as towards the Company 
for the working of the Railways of Turkey in Europe, in 
respect to the completion and connexion, as well as the 
working of the Railways to be constructed on the territory 
newly acquired by the Principality. 

Servia. Conventions respecting Railways to be concluded with 
Austria-Hungary, the Porte, and Bulgaria. 

The Conventions necessary for settling these questions 
shall be concluded, immediately after the signature of the 
present Treaty, between Austria-Hungary, the Porte, 
Servia, and, within the limits of its competency, the 
Principality of Bulgaria. 

Servia. Right of Non-resident Mussulman Proprietors and 
others to hold Real Property. 

ARTICLE XXXIX. Mussulmans possessing property in 
the territories annexed to Servia, who may wish to reside 
outside the Principality, may retain thMr real property, 
either by farming it out or by having it administered by 
third parties. 



TREATY OF BERLIN, 1878 353 

Servia. Appointment of a Turco-Servian Commission. 
Religious Foundations, &c. (Vakoufs). 

A Turco-Servian Commission shall be appointed to 
settle, within a period of three years, all questions relative 
to the mode of alienation, working, or use, on the account 
of the Sublime Porte, of the property belonging to the 
State and religious foundations (Vakoufs), as well as of 
the questions regarding the interests of private persons 
engaged therein. 

Servians travelling or residing in Turkey. 
ARTICLE XL. Until the conclusion of a Treaty between 
Turkey and Servia, Servian subjects travelling or residing 
in the Ottoman Empire shall be treated according to the 
general principles of international law. 

Servian Troops to evacuate Turkish Territory. 
ARTICLE XLI. The Servian troops shall be bound to 
evacuate within fifteen days from the exchange of the 
ratifications of the present Treaty the territory not com- 
prised within the new limits of the Principality. 

Servia. Evacuation of Ceded Territories by Ottoman Troops. 
The Ottoman troops shall evacuate the territories ceded 
to Servia within the same term of fifteen days. A supple- 
mentary term of an equal number of days shall, however, 
be granted to them as well for evacuating the fortresses 
and withdrawing the provisions and material of war as 
for drawing up the inventory of the implements and objects 
which cannot be removed at once. 

Servia. Payment of portion of Ottoman Public Debt. 
ARTICLE XLII. As Servia is to bear a portion of the 
Ottoman Public Debt for the new territories assigned to 
her by the present Treaty, the Representatives at Con- 
stantinople shall fix the amount of it in concert with the 
Sublime Porte on an equitable basis. 

Roumania. Conditional recognition of Independence. 
ARTICLE XLIII. The High Contracting Parties recogniai 
the independence of Roumania, subject to the conditions 
set forth in the two following Articles. 



1903 



A a 



354 TURKEY, RUSSIA, AND BALKAN STATES . 

Roumania. Civil and Political Rights. Exercise of Pro- 
fessions and Industries by all, irrespective of Religious 
Creeds. 

ARTICLE XLIV. In Roumania the difference of religious 
creeds and confessions shall not be alleged against any 
person as a ground for exclusion or incapacity in matters 
relating to the enjoyment of civil and political rights, 
admission to public employments, functions, and honours, 
or the exercise of the various professions and industries in 
any locality whatsoever. 

Roumania. Freedom of Religious Worship. 
The freedom and outward exercise of all forms of worship 
shall be assured to all persons belonging to the Roumanian 
State, as well as to foreigners, and no hindrance shall be 
offered either to the hierarchical organization of the 
different communions, or to their relations with their 
spiritual chiefs. 

Roumania. Equal Treatment to Foreigners. 
The subjects and citizens of all the Powers, traders or 
others, shall be treated in Roumania, without distinction 
of creed, on a footing of perfect equality. 

Roumania. Restoration to Russia of portion of Bessarabian 

Territory, detached from Russia in 1856. 
ARTICLE XLV. The Principality of Roumania restores 
to His Majesty the Emperor of Russia that portion of the 
Bessarabian territory detached from Russia by the Treaty 
of Paris of 1856, bounded on the west by the mid-channel 
of the Pruth, and on the south by the mid-channel of the 
Kilia Branch and the Stary-Stamboul mouth. 

Roumania. Acquisition of Islands forming Delta of the 

Danube ; the Isle of Serpents ; the Sandjak of Toultcha ; 

and a portion of Territory to the South of the Dobroutcha. 

ARTICLE XLVI. The islands forming the Delta of the 

Danube, as well as the Isle of Serpents, the Sandjak of 

Toultcha, comprising the districts (cazas) of Kilia, Soulina, 

Mahmoudie, Isaktcha, Toultcha, Matchin, Babadagh, 

Hirsovo, Kustendje, Medjidie, are added to Roumania. 

The Principality receives in addition the territory situated 



TREATY OF BERLIN, 1878 355 

to the south of the Dobroutcha as 1 far as a line starting 
from the east of Silistria and terminating on the Black 
Sea, south of Mangalia. 

Roumania. Frontier to be determined by European Commis- 
sion of Bulgaria. 

The frontier line shall be determined on the spot by 
the European Commission appointed for the delimitation 
of Bulgaria. 

Roumania. Arbitration on Division of Waters and Fisheries. 
ARTICLE XLVII. The question of the division of the 
waters and the fisheries shall be submitted to the arbitra- 
tion of the European Commission of the Danube. 

Roumania. No Transit Duties to be levied. 
ARTICLE XLVII I. No transit dues shall be levied in 
Roumania on goods passing through the Principality. 

Roumania. Conclusion of Consular Conventions with regard 

to Protection. Maintenance of existing Rights. 
ARTICLE XLIX. Roumania shall have power to make 
Conventions to determine the privileges and attributes of 
Consuls in regard to protection within the Principality. 
Existing rights shall remain in force so long as they shall 
not have been modified by the mutual consent of the 
Principality and the parties concerned. 

Roumania. Rights of respective Subjects travelling or residing 

in Turkey and in Roumania. 

ARTICLE L. Until the conclusion of a Treaty between 
Turkey and Roumania, fixing the privileges and attributes 
of Consuls, Roumanian subjects travelling or residing in 
the Ottoman Empire, and Ottoman subjects travelling or 
residing in Roumania, shall enjoy the rights guaranteed to 
the subjects of other European Powers. 

Roumania. Liability for Public Works and Enterprises in 

Ceded Territory. 

ARTICLE LI. With regard to public works and other 
enterprises of a like nature, Roumania shall be substituted 
for the Sublime Porte as regards its rights and obligations 
throughout the ceded territory. 

Aa 2 



356 TURKEY, RUSSIA, AND BALKAN STATES 

Danube. Fortresses and Fortifications to be razed. Vessels 
of War not to navigate the River below the Iron Gates. 
Exceptions. 

ARTICLE LII. In order to increase the guarantees which 
assure the freedom of navigation on the Danube which is 
recognized as of European interest, the High Contracting 
Parties determine that all the fortresses and fortifications 
existing on the course of the river from the Iron Gates to 
its mouths shall be razed, and no new ones erected. No 
vessel of war shall navigate the Danube below the Iron 
Gates with the exception of vessels of light tonnage in the 
service of the river police and Customs. The ' station- 
naires ' of the Powers at the mouths of the Danube may, 
however, ascend the river as far as Galatz. 

Danube. European Commission to be maintained. Roumania 
to be represented thereon. Extension to Galatz. Treaties, 
&c., confirmed. 

ARTICLE LIII. The European Commission of the Danube 
on which Roumania shall be represented is maintained in 
its functions, and shall exercise them henceforth as far as 
Galatz in complete independence of the territorial authori- 
ties. All the Treaties, arrangements, acts, and decisions 
relating to its rights, privileges, prerogatives, and obliga- 
tions are confirmed. 

Danube. Prolongation of Powers of European Commission. 
ARTICLE LIV. One year before the expiration of the 
term assigned for the duration of the European Commis- 
sion (24 April, 1883) the Powers shall come to an under- 
standing as to the prolongation of its powers, or the 
modifications which they may consider necessary to 
introduce. 

Danube. Regulations respecting Navigation, &c., from Iron 
Gates to Galatz to be drawn up by European Commission 
and Delegates of Riverain States. 

ARTICLE LV. The regulations respecting navigation, 
river police, and supervision from the Iron Gates to Galatz 
shall be drawn up by an European Commission, assisted 
by Delegates of the Riverain States, and placed in harmony 
with those which have been or may be issued for the portion 
of the river below Galatz. 



TREATY OF BERLIN, 1878 357 

Danube Commission. Lighthouse on Isle of Serpents. 
ARTICLE LVI. The European Commission of the Danube 
shall come to an arrangement with the proper authorities 
to ensure the maintenance of the lighthouse on the Isle 
of Serpents. 

Danube. Execution of Works at Iron Gates and Cataracts 

entrusted to Austria- Hungary. 

ARTICLE LVII. The execution of the works which have 
for their object the removal of the obstacles which the 
Iron Gates and the Cataracts place in the way of naviga- 
tion is entrusted to Austria-Hungary. The Riverain 
States on this part of the river shall afford every facility 
which may be required in the interest of the works. 

Danube. Provisional Tax maintained in favour of Austria- 
Hungary. 

The provisions of the Vlth Article of the Treaty of 
London of the I3th March 1871, relating to the right 
of levying a provisional tax in order to cover the cost of 
these works, are maintained in favour of Austria-Hungary. 

Asia. Cessions by Turkey to Russia. Ardahan, Kars, 
Batoum, &c. Frontier Line. 

ARTICLE LVI II. The Sublime Porte cedes to the Russian 
Empire in Asia the territories of Ardahan, Kars, and 
Batoum, together with the latter port, as well as all the 
territories comprised between the former Russo-Turkish 
frontier and the following line : 

The new frontier starting from the Black Sea, and 
coinciding with the line laid down by the Treaty of San 
Stefano as far as a point to the north-west of Khorda, and 
to the south of Artwin, continues in a straight line as far 
as the River Tchoroukh, crosses this river and passes to 
the east of Aschmichen, going in a straight line to the 
south so as to rejoin the Russian frontier indicated in the 
Treaty of San Stefano, at a point to the south of Nariman, 
leaving the town of Olti to Russia. From the point indi- 
cated near Nariman the frontier turns to the east, passes 
by Tebrenec, which remains to Russia, and continues as 
far as the Pennek Tschai. 

It follows this river as far as Bardouz, then turns towards 



358 . TURKEY, RUSSIA, AND BALKAN STATES 

the south, leaving Bardouz and Jonikioy to Russia. From 
a point to the west of the village of Karaougan, the frontier 
takes the direction of Medjingert, continues in a straight 
line towards the summit of the Mountain Kassadagh, and 
follows the line of the watershed between the affluents of 
the Araxes on the north and those of the Mourad Sou on 
the south, as far as the former frontier of Russia. 

Asia. Batoum to be a Free Port. 

ARTICLE LIX. His Majesty the Emperor of Russia 
declares that it is his intention to constitute Batoum 
a free port, essentially commercial. 

Asia. Valley of Alaschkerd and Town of Bayazid restored 
to Turkey. 

ARTICLE LX. The valley of Alaschkerd and the town of 
Bayazid, ceded to Russia by Article XIX of the Treaty 
of San Stefano, are restored to Turkey. 

Asia. Cession of Khotour by Turkey to Persia. 

The Sublime Porte cedes to Persia the town and territory 
of Khotour, as fixed by the mixed Anglo-Russian Com- 
mission for the delimitation of the frontiers of Turkey and 
of Persia. 

Asia. Improvements and Reforms in favour of Armenians. 
Protection against Circassians and Kurds. The Powers 
to be kept periodically informed. 

ARTICLE LXI. The Sublime Porte undertakes to carry 
out, without further delay, the improvements and reforms 
demanded by local requirements in the provinces inhabited 
by the Armenians, and to guarantee their security against 
the Circassians and Kurds. 

It will periodically make known the steps taken to this 
effect to the Powers, who will superintend their applica- 
tion. 

Religious Liberty. 

ARTICLE LXII. The Sublime Porte having expressed 
the intention to maintain the principle of religious liberty, 
and give it the widest scope, the Contracting Parties take 
note of this spontaneous declaration. 



TREATY OF BERLIN, 1878 359 

Religion. Equal Civil and Political Rights. 
In no part of the Ottoman Empire shall difference of 
religion be alleged against any person as a ground for 
exclusion or incapacity as regards the discharge of civil 
and political rights, admission to the public employments, 
functions and honours, or the exercise of the various 
professions and industries. 

Religion. Evidence before Tribunals. 
All persons shall be admitted, without distinction of 
religion, to give evidence before the tribunals. 

Religious Worship. 

The freedom and outward exercise of all forms of worship 
are assured to all, and no hindrance shall be offered either 
to the hierarchical organization of the various communions 
or to their relations with their spiritual chiefs. 

Religion. Equal Rights to all Ecclesiastics, &c., travelling 

in Turkey. 

Ecclesiastics, pilgrims, and monks of all nationalities 
travelling in Turkey in Europe, or in Turkey in Asia, shall 
enjoy the same rights, advantages, and privileges. 

Religion. Protection of Ecclesiastics, &c., by Diplomatic 

and Consular Agents of the Powers. 

The right of official protection by the Diplomatic and 
Consular Agents of the Powers in Turkey is recognized 
both as regards the above-mentioned persons and their 
religious, charitable, and other establishments in the Holy 
Places and elsewhere. 

Religion. Rights of France and status quo in Holy Places. 
The rights possessed by France are expressly reserved, 
and it is well understood that no alterations can be made 
in the status quo in the Holy Places. 

Religion. Rights and Prerogatives of all Monks of Mount 

Athos. 

The monks of Mount Athos, of whatever country they 
may be natives, shall be maintained in their former posses- 
sions and advantages, and shall enjoy, without any excep- 
tion, complete equality of rights and prerogatives. 



360 TURKEY, RUSSIA, AND BALKAN STATES 

Maintenance of Treaties of 30 March, 1856, and 13 March, 
1871 (Dardanelles and Bosphorus, &c.). 

ARTICLE LXIII. The Treaty of Paris of March 30, 1856, 
as well as the Treaty of London of March 13, 1871, are 
maintained in all such of their provisions as are not abro- 
gated or modified by the preceding stipulations. 

Ratifications. 

ARTICLE LXIV. The present Treaty shall be ratified, 
and the Ratifications exchanged at Berlin within three 
weeks, or sooner if possible. 

In faith whereof the respective Plenipotentiaries have 
signed it, and affixed to it the seal of their arms. 

Done at Berlin, the thirteenth day of the month of July, 
one thousand eight hundred and seventy-eight. 

(L.S.) BEACONSFIELD. 

(L.S.) SALISBURY. 

(L.S.) ODO RUSSELL. 

(L.S.) v. BISMARCK. 

(L.S.) BULOW. 

(L.S.) HOHENLOHE. 

(L.S.) ANDRASSY. 

(L.S.) KAROLYI. 

(L.S.) HAYMERLE. 

(L.S.) WADDINGTON. 

(L.S.) SAINT-VALLIER. 

(L.S.) H. DESPREZ. 

(L.S.) L. CORTI. 

(L.S.) LAUNAY. 

(L.S.) GORTCHAKOW. 

(L.S.) SCHOUVALOFF. 

(L.S.) P. D'OUBRIL. 

(L.S.) AL. CARATHfiODORY. 

(L.S.) MEHEMED ALL 

(L.S.) SADOULLAH. 



TREATY OF LONDON, 1913 361 

TREATY OF PEACE BETWEEN GREECE, BULGARIA, MONTE- 
NEGRO, SERBIA ON THE ONE PART, AND TURKEY ON 
THE OTHER PART. London, May 17/30, IQI3. 1 

ARTICLE I. There will be from the date of the exchange 
of the ratifications of the present treaty, peace and friend- 
ship between His Majesty the Emperor of the Ottomans 
on the one part, and their Majesties the Allied Sovereigns 
on the other part, as well as between their heirs and 
successors, their States and respective subjects in per- 
petuity. 

ARTICLE II. His Majesty the Emperor of the Ottomans 
cedes to their Majesties the Allied Sovereigns all the 
territories of his Empire on the continent of Europe to the 
west of a line drawn from Enos on the Aegean Sea to Midia 
on the Black Sea with the exception of Albania. The exact 
line of the frontier from Enos to Midia will be determined 
by an international commission. 

ARTICLE III. His Majesty the Emperor of the Ottomans 
and their Majesties the Allied Sovereigns declare that they 
remit to His Majesty the Emperor of Germany, His Majesty 
the Emperor of Austria, the President of the French 
Republic, His Majesty the King of Great Britain and 
Ireland, and His Majesty the Emperor of All the Russias, 
the care of settling the delimitation of the frontiers of 
Albania and all other questions concerning Albania. 

ARTICLE IV. His Majesty the Emperor of the Ottomans 
declares that he cedes to their Majesties the Allied Sove- 
reigns the Isle of Crete, and that he renounces in their 
favour all the rights of sovereignty and other rights which 
he possessed on that Isle. 

ARTICLE V. His Majesty the Emperor of the Ottomans 
and their Majesties the Allied Sovereigns declare that they 
confide to His Majesty the -Emperor of Germany, His 
Majesty the Emperor of Austria, the President of the 
French Republic, His Majesty the King of Great Britain 
and Ireland, His Majesty the King of Italy, and His 
Majesty the Emperor of All the Russias the task of decid- 
ing the destiny of all the Ottoman isles of the Aegean Sea 
excepting Crete, and of the Peninsula of Mount Athos. 

ARTICLE VI. His Majesty the Emperor of the Ottomans 
and their Majesties the Allied Sovereigns declare that they 
1 In French. Nouveau Recueil, 3 me s6rie. t. viii. 



362 TURKEY, RUSSIA, AND BALKAN STATES 

remit the task of regulating questions of a financial kind 
resulting from the state of war just finished and from the 
territorial cession above mentioned, to the International 
Commission convened at Paris, to which they have deputed 
their representatives. 

TREATY OF PEACE BETWEEN ROUMANIA, GREECE, MONTE- 
NEGRO, SERBIA, AND BULGARIA. Bucharest, July 28/ 
August 10, 



ARTICLE I. There will be from the date of the day of 
the exchange of the ratifications of the present treaty, 
peace and friendship between His Majesty the King of 
Roumania, His Majesty the King of the Hellenes, His 
Majesty the King of Montenegro, His Majesty the King 
of Serbia, His Majesty the King of the Bulgarians, as 
well as between their heirs and successors, their States 
and respective subjects. 

ARTICLE II. Between the Kingdom of Bulgaria and the 
Kingdom of Roumania, the old frontier between the Danube 
and the Black Sea is, conformably with the proces-verbal 
drawn up by the respective military delegates and annexed 
to the Protocol No. 5 of the 22nd of July (August 4th), 
1913, of the Conference of Bucharest, rectified in the follow- 
ing manner : 

The new frontier will start from the Danube above 
Turtukaia and terminate at the Black Sea to the South 
of Ekrene. 

Between these two extreme points the line of the frontier 
will follow the line indicated on the maps i/ioo.ooo and 
I, 200.000 of the Roumanian General Staff, and according 
to the description annexed to the present article. 2 

It is formally understood that Bulgaria will dismantle 
within two years at latest the existing fortifications, and 
will construct no others at Roustchouk, at Schoumla, in 
the country between, and in a zone of twenty kilometres 
round Baltchik. 

A mixed commission, composed of representatives of 
the two High Contracting Parties, in equal numbers of 

1 In French. Nouveau Recueil, 3 m e serie, t. viii. 

* The Annexes to the Treaty, along with the official text of the 
Treaty itself, will be found in ' Le Traite de Paix de Bucarest du 
28 Juillet (10 Aout) 1913' Bucarest, Imprimerie de l'tat, 1913. 



TREATY OF BUCHAREST, 1913 363 

both sides, will be charged, in the fortnight following the 
signature of the present Treaty, to execute on the land 
a tracing of the new frontier, conformably to the preceding 
stipulations. This commission will preside at the partition 
of the funds and capitals which have belonged till now in 
common to districts, communes, or communities of inhabi- 
tants separated by the new frontier. In case of disagree- 
ment over the tracing and the measures for executing it, 
the two High Contracting Parties engage to address them- 
selves to a third friendly Government to beg it to appoint 
an arbiter whose decision on the points in dispute shall be 
considered as final. 

ARTICLE III. Between the Kingdom of Bulgaria and 
the Kingdom of Serbia, the frontier will follow conform- 
ably with the proces-verbal drawn up by the respective 
military delegates and annexed to the Protocol No. 9 of 
the 25th of July (August 7th), 1913, of the Conference 
of Bucharest, the following line : 

The frontier line will start from the old frontier from 
the summit of Patarica, will follow the old Turco-Bulgarian 
frontier and the line of the watershed between the Vardar 
and the Strouma, with the exception of the upper valley 
of the Stroumitza, which will remain on Serbian territory ; 
it will terminate at the Belasica Mountain, where it will 
bend back to the Graeco-Bulgarian frontier. A detailed 
description of this frontier and its indication on the map 
1/200.000 of the Austrian General Staff are annexed to the 
present article. 

A mixed commission, composed of representatives of 
the two High Contracting Parties, in equal number on 
both sides, will be charged, in the fortnight following the 
signature of the present Treaty, with executing on the land 
a tracing of the new frontier, conformably to the preceding 
stipulations. This commission will preside at the partition 
of the funds and capitals which have belonged till now in 
common to districts, communes, or communities of inhabi- 
tants separated by the new frontier. In case of disagree- 
ment over the tracing and the measures for executing it, 
the two High Contracting Parties engage to address them- 
selves to a third friendly Government to beg it to appoint 
an arbiter whose decision on the points in dispute shall be 
considered as final. 

ARTICLE IV. The questions relative to the old Serbo- 



364 TURKEY, RUSSIA, AND BALKAN STATES 

Bulgarian frontier will be regulated according to the 
understanding agreed upon by the two High Contracting 
Parties stated in the Protocol annexed to the present 
article. 

ARTICLE V. Between the Kingdom of Greece and the 
Kingdom of Bulgaria the frontier will follow conformably 
with the proces-verbal drawn up by the respective military 
Delegates and annexed to the Protocol No. 9 of the 25th 
of July (August 7th), 1913, of the Conference of Bucharest, 
the following line : 

The frontier line shall start from the new Serbo-Bulgarian 
frontier on the summit of Belagica planina, to terminate 
at the mouth of the Mesta on the Aegean Sea. 

Between these two extreme points, the frontier line will 
follow the tracing indicated on the map 1/200.000 of the 
Austrian General Staff and according to the description 
annexed to the present article. 

A mixed commission, composed of representatives of 
the two High Contracting Parties, in equal numbers of 
both sides, will be charged, in the fortnight following the 
signature of the present Treaty, to execute on the land 
a tracing of the new frontier, conformably to the preceding 
stipulations. This commission will preside at the partition 
of the funds and capitals which have belonged till now in 
common to districts, communes, or communities of inhabi- 
tants separated by the new frontier. In case of disagree- 
ment over the tracing and the measures for executing it, 
the two High Contracting Parties engage to address them- 
selves to a third friendly Government to beg it to appoint 
an arbiter whose decision on the points in dispute shall 
be considered as final. 

It is formally understood that Bulgaria desists from 
henceforth, from every pretension to the Isle of Crete. 

ARTICLE VI. The General Quarters of the respective 
armies shall be immediately informed of the signature of 
the present Treaty. The Bulgarian Government engages 
to reduce its army, on the day after this notification, to 
a peace footing. It will dispatch its troops to their garrisons, 
whither they will proceed, with the smallest delay, the 
various reserves being sent back to their homes. 

Troops whose place of garrison is situated within the 
zone of occupation of the army of one of the High Contract- 
ing Powers, will be directed to another point of the old 



TREATY OF BUCHAREST, 1913 365 

Bulgarian territory, and will only be able to go to their 
usual place of garrison after the evacuation of the zone of 
occupation above mentioned. 

ARTICLE VII. The evacuation of the Bulgarian territory, 
both old and new, will commence immediately after the 
demobilization of the Bulgarian army, and will be completed 
at the latest within the fortnight. 

During this delay, for the Roumanian army, the zone of 
demarcation will be indicated by the line Sistov-Lovcea- 
Turski-Iz vor - Glozene - Zlatitza - Mirko vo - Araba -Konak - 
Orchania-Mezdra-Vratza-Berkovitza-Lom-Danube. 

ARTICLE VIII. During the occupation of the Bulgarian 
territories, the different armies will keep the right of requisi- 
tion, on condition of payment in coin. 

They will have the free use of the railway lines for the 
transport of troops and supplies of every kind, without 
there being any ground for indemnity to the local authority. 

The sick and wounded shall be under the safeguard of 
the said armies. 

ARTICLE IX. As soon as possible after the exchange of 
the ratifications of the present Treaty, all the prisoners 
of war shall be reciprocally given back. 

The Governments of the High Contracting Parties shall 
each appoint special Commissioners charged with receiving 
the prisoners. 

All the prisoners in the hands of one of the Governments 
shall be delivered to the commissioner of the Government 
to which they belong or to his representative duly authorized, 
at the place which shall be fixed by the interested parties. 

The Governments of the High Contracting Parties shall 
respectively present one to the other, and as soon as possible 
after the release of all the prisoners, a statement of the 
direct expenses incurred by it for the care and entertain- 
ment of the prisoners, from the date of their capture or 
surrender until that of their death or release. Computation 
shall be made between the sums due by Bulgaria to one of 
the other High Contracting Parties and those due by these 
to Bulgaria, and the difference shall be paid to the creditor 
Government as soon as possible after the exchange of the 
statements of expenses above mentioned. 

ARTICLE X. The present Treaty shall be ratified, and 
the ratifications of it shall be exchanged at Bucharest 
within the space of fifteen days or as soon as can be done. 



366 TURKEY, RUSSIA, AND BALKAN STATES 



In faith of which, the respective Plenipotentiaries have 
signed it and have affixed their seals to it. 

Made at Bucarest the 28th day of the month of July 
(loth day of the month of August) of the year 1913. 



(Signed) 

For Roumanian 

(L.S.) T. MAIORESCO. (L.S.) 

AL. MARGHILOMAN. 

TAKE JONESCO. 

C. G. DISSESCO. 

GENERAL AIDE-DE- 
CAMP COANDA. 

COLONEL C. CHRIS- 
TESCO. 

For Greece : 
(L.S.) E. K. VENISELOS. (L.S.) 



D. PANAS. 
N. POLITIS. 
CAPITAINE A. EXADAC- 

TYLOS. 
CAPITAINE C. PALI. 



For Serbia : 

NIK. P. PACHITCH. 
M. G. RISTITCH. 
M. SPALAIKOVITCH. 
COLONEL K. SMILIA- 

NITCH. 
LT.-COLONEL D. 

KALAFATOVITCH. 



For Bulgaria : 
D. TONTCHEFF. 
GENERAL FITCHEFF. 
DR. S. IVANTCHOFF. 
S. RADEFF. 
Lx. -COLONEL STAN- 

CIOFF. 



For Montenegro : 

(L.S.) GENERAL SERDAR I. VOUKOTITCH. 
Y. MATANOVITCH. 



CHAPTER XII 
THE TRIPLE ALLIANCE 

Tension between Germany and France, after 1871 Tension between 
Germany and Russia after 1878 Austro-German Alliance. 
1879 Publication, 1888 Accession of Italy Accession of 
Ron mania The question of casus foederis, 1914 Form of 
the Italian accessions to Triple Alliance Evidence from Turco- 
Italian War, 1911-12 The Austro-Serbian War, 1914. 

Texts i The Treaty of Vienna (1879) The Triple Alliance (1903). 

AFTER the Franco-German War the centre of gravity 
in continental politics was transferred from Paris to Berlin. 
Peace and alliances were the order of the day in the place 
of rumours of, and preparations for, war. It is true that 
at one period in 1875 Germany, disturbed, it was said, by 
the marvellous recuperative power manifested by France 
ever since the conclusion of the Peace of Frankfort, dis- 
played a certain liveliness which gave rise to some anxiety 
in Europe, but the pacifying influence exercised by Great 
Britain and Russia on that occasion smoothed matters 
over, and the apprehended difficulties were removed. 

No sooner was the German Emperor established on his 
imperial throne than the Emperor of Austria visited him 
at Berlin in order to draw closer the bonds of friendship 
which united the two crowns. In the same manner the 
Tsar of Russia manifested that he was still animated with 
the traditions of the Holy Alliance. Later on the King 
of Italy visited Berlin, and many other European States 
sought the friendship of the new Empire. In 1872 the 
Emperors of Austria and Russia met the Kaiser at Berlin, 
where the arrangement known as the Dreikaiserbund was 
come to, concerning which Prince Gorchakoff, who accom- 



368 THE TRIPLE ALLIANCE 

panied his master, remarked that the best thing about the 
meeting was that nothing had been reduced to writing. 

The Bulgarian troubles in 1876, the ensuing war between 
Russia and Turkey, and the subsequent Congress of the 
Powers in 1878 at Berlin have already been treated of. 
It only remains to surmise that the military successes of 
Russia in the war and her acquisition of territory in Asia 
Minor and on the Danube, as well as her increasing 
influence in the Balkans, contributed to render the Drei- 
kaiserbund less satisfying in the view of the other two 
parties to it ; and that Russia, robbed by the Treaty 
of Berlin of some of the spoils of victory, regarded 
Germany, as part author of the treaty, with eyes less 
friendly than of yore. It seems certain that the mutual 
confidence of Russia and Germany received a shock, and 
rumours of strained relations filled the air. But the 
meeting of the Tsar and the Kaiser at Alexandrovo in 
1879 seemed to have removed the tension : ' Peace is 
again secured ! ' exclaimed the Kaiser. Nevertheless, 
Bismarck, shortly afterwards, visited Vienna, whence in 
due course he returned to Berlin with a Treaty of Defensive 
Alliance, dated October 7, 1879, concluded between Austria 
and Germany, and mainly directed against Russia. 

According to the stipulation in Article III, the Treaty, 
' in conformity with its peaceful character and to avoid 
any misinterpretation ', v/as kept secret. This secrecy 
was maintained until the year 1888, when, for the same 
reasons, the two Governments determined to make it 
public. 

It was published in the Berlin Official Gazette of Feb- 
ruary 3, 1888, with the following introductory note 1 : 

1 The Governments of Germany and of the Austro- 
Hungarian Monarchy have determined upon the publica- 
tion of the Treaty concluded between them on the 7th 
October 1879, in order to put an end to* doubts which 
1 State Papers, vol. Ixxiii, p. 270. 



ACCESSION OF ITALY 369 

have been entertained in various quarters of its purely 
defensive character, and have been turned to account for 
various ends. The two allied Governments are guided in 
their policy by the endeavour to maintain peace and to 
guard, as far as possible, against- its disturbance ; they 
are convinced that by making the contents of their Treaty 
of Alliance generally known they will exclude all possibility 
of doubt on this point, and have therefore resolved to 
publish it.' 

Italy acceded to this treaty in 1882, although this fact 
is not alluded to in the above communication ; and this 
tripartite arrangement is generally known as the Triple 
Alliance. Roumania also joined the group of the Triple 
Alliance in 1883, and repudiated it on August 30, I9I6. 1 

On the outbreak of the European War in 1914, in reply 
to the German Government's intimation of the fact that 
ultimatums had been presented to France and Russia, and 
to the question, what were the intentions of Italy, the 
Italian Government replied : ' The war undertaken by 
Austria and the consequences which may result, had, in 
the words of the German Ambassador himself, an aggres- 
sive object. Both were therefore in conflict with the 
purely defensive character of the Triple Alliance, and in 
such circumstances Italy would remain neutral.' 2 In fact 
the war was not a defensive but an aggressive war, and 
for this reason the casus foederis under the terms of the 
Triple Alliance did not arise. The purely defensive char- 
acter of the compact seems therefore to be established. 

What particular form was assumed by the Italian 
Accession in May 1882 to the Austro-German Alliance 
is doubtful. No substantive document in this connexion 
appears to have been made public. It may have been 
effected by means of a diplomatic note or unilateral 

1 Mowat, Select Treaties, pp. 124-5, 129-32. 
Parliamentary Paper, 'Miscellaneous No. 6 (1914)', C. 7467, 
P- 75- 

W< B b 



370 THE TRIPLE ALLIANCE 

declaration, which perhaps merely announced the fact of 
the accession without reciting the terms of the compact. 
On a subsequent renewal of the Alliance, however, it is in 
evidence that in 1903 Italy signed a treaty with Austria 
(to which Germany was also a party), of which the stipu- 
lations in some respects differed from and were in excess 
of those of the original dual Alliance of 1879. Portions of 
this treaty were published by the Austrian Government 
in 1915, and reproduced in The Times newspaper of June I 
of that year. 1 

The articles (or clauses as they were there called) so 
published were three in number, namely III, IV, and VII, 
and contained the following stipulations : Article III 
provided that if one or two of the Contracting Parties were 
attacked by a Power or Powers not signatory of the treaty, 
all the Contracting Parties would have to join in the war. 
Article IV provided for benevolent neutrality of the 
Contracting Parties, in case one of their members, not 
being first attacked, should have to declare war on another 
Power. 

Article VII was extremely important. It had special 
reference to the Balkans, and proclaimed the interest of 
Austria and Italy in maintaining the territorial status quo 
there. It stipulated that the two Powers should give 
each other full information concerning their own, or any 
other Power's intentions in the Balkans. Further, it was 
agreed that if either Italy or Austria should be obliged to 
change the status quo in the Balkans, the Adriatic or the 
Aegean, such change should be made by agreement with 
the other Power and on condition of compensation to it. 

What induced Italy to join the Austro-German Alliance 
in its original form as published by the German Govern- 
ment, may be a matter of conjecture. Count Benedetti, 3 

1 SeeMovvat, Select Treaties and Documents, 1916 edition, pp. 124 
and 128. 
1 Studies in Diplomacy. Published by Heinemann, London, 1896. 



TURCO-ITALIAN WAR 371 

a former French Ambassador at Berlin, was of opinion that 
the accession of Italy was the work of Bismarck, who 
impressed upon Italy that a newly constituted monarchy 
stood in need of powerful foreign alliances, his object 
being to separate Italy from France. However this may 
be, a more direct incentive may be discovered in the terms 
of the more recent renewal of the Alliance as quoted above 
(Article VII), and its references to the satisfaction of the 
interests and rightful claims of the parties thereto in the 
event of any future modification of the status quo in the 
Balkans. Here Italy no doubt had an eye to national 
aspirations as regards a possible extension of territory in 
the direction of Trieste. Conditions analogous to the 
stipulations of Article VII may or may not have formed 
a part of the original accession of Italy to the Alliance, but 
as to this there appears to be no official publication avail- 
able. 

This Article VII has been appealed to both by Austria 
and by Italy in connexion with the affairs of South-Eastern 
Europe. 

In 1911, during the Turco-Italian War arising out of 
Italian action in Tripoli (the Libyan War), the Austrian 
Government declared that the action of Italy on the Otto- 
man Coast of Turkey in Europe or on the Islands of the 
Aegean Sea could not be permitted either by Austria or 
by Germany because it would be opposed to the Treaty of 
Alliance, it being held that bombardment of ports such as 
Salonika, Ka valla, &c., was opposed to the provisions of 
Article VII. In April 1912 the Austrian Government again 
protested because the Italian squadron before the Dar- 
danelles had damaged the forts in replying to the shots that 
were fired upon it from these forts. 1 The Italian Govern- 
ment denied that their action had threatened the status quo, 
and maintained that the attitude of Austria, by encouraging 

1 Italian Green Book, Diplomatic Documents, 1915, English trans- 
lation. Hodder & Stoughton, London. 

B b a 



372 THE TRIPLE ALLIANCE 

and indirectly protecting Turkey, was a source of serious 
loss to Italy. 

On the other hand, on the outbreak of the great European 
War in 1914, when Austrian troops invaded and occupied 
portions of Serbian territory, Italy in her turn protested 
against this disturbance of the status quo in the Balkans 
without a previous agreement being made as required by 
the terms of Article VII. A long correspondence ensued ; 
territorial compensation was claimed by Italy ; Austria 
proposed compensation at the expense of a third party 
(Albania) ; Italy refused, demanding Austrian territory. 
In the end Austria promised an insufficient cession in the 
Trentino, to be delayed until the end of the war. This 
idea Italy declined to entertain, and finally, in May 1915, 
withdrew from the Triple Alliance, and declared war 
against Austria on the 23rd of the same month. In August 
1916 she also declared war against Germany. 

TREATY OF ALLIANCE BETWEEN GERMANY AND AUSTRIA. 
Vienna, October 7, I879. 1 

CONSIDERING that Their Majesties the German Emperor, 
King of Prussia, and the Emperor of Austria, King of 
Hungary, must esteem it as their incontestable duty as 
sovereigns to take care in all circumstances for the security 
of their empires and for the tranquillity of their peoples ; 

Considering that the two monarchs as in the previously 
existing confederation will be in a position, by a firm 
alliance of the two empires, to fulfil this duty more easily 
and more efficaciously ; 

Considering, finally, that an intimate accord between 
Germany and Austria-Hungary can menace nobody, but 
is, on the contrary, qualified to consolidate the peace of 
Europe created by the stipulations of the Treaty of Berlin ; 

Their Majesties the German Emperor and the Emperor 
of Austria, King of Hungary, promising one another never 
to give any aggressive tendency in any direction to their 

1 In German. Nonveau Recueil, 2>e serie, tome xv ; State Papers, 
'ol. Ixxiii, p. 270. 



TREATY OF VIENNA, 1879 373 

purely defensive agreement, have resolved to conclude an 
alliance of peace and reciprocal protection. 

With tnis object Their Majesties have named as their 
plenipotentiaries ; 

For His Majesty the German Emperor his Ambassador 
and Plenipotentiary Extraordinary, Lieutenant-General 
Prince Henry VII of Reuss, &c., &c. 

For His Majesty the Emperor of Austria, King of 
Hungary, his Privy Counsellor the Minister of the Imperial 
Household and of Foreign Affairs, Field-Marshal-Lieutenant 
Julius, Count Andrassy, &c. 

Who have come together to-day, at Vienna, and after 
having exchanged their powers duly recognized as good 
and sufficient, have concluded what follows : 

ARTICLE I. If, contrary to expectation and against the 
sincere desire of both the High Contracting Parties, one 
of the two Empires shall be attacked on the part of Russia, 
the High Contracting Parties are bound to assist each 
other with the whole of the military power of their Empire, 
and consequently only to conclude peace conjointly and 
by agreement. 

ARTICLE II. Should one of the High Contracting Parties 
be attacked by another Power, the other High Contracting 
Party hereby engages not only not to assist the aggressor 
against his High Ally, but at the least to observe a bene- 
volent neutral attitude with regard to the High Contracting 
Party. 

If, however, in such a case the attacking Power should 
be supported on the part of Russia, whether by way of 
active co-operation, or by military measures which menace 
the attacked Power, then the obligation of reciprocal 
assistance with full military power, which is stipulated in 
the first article of this Treaty, will in this case enter imme- 
diately into effect, and the conduct of war of both the 
High Contracting Parties shall be then also in common 
until the joint conclusion of Peace. 

ARTICLE III. This Treaty, in conformity with its pacific 
character and to prevent any misconstruction, shall be 
kept secret by both High Contracting Parties, and it will 
be communicated to a Third Power only with the consent 
of both Parties, and strictly according to a special agree- 
ment. 

Both High Contracting Parties, in view of the senti- 



374 THE TRIPLE ALLIANCE 

ments expressed by the Emperor Alexander at the interview 
at Alexandrowo, 1 hope that the preparations .of Russia 
will not prove in reality to be a menace to them, and for 
this reason they have for the present no occasion for 
a communication. But if, contrary to expectation, this 
hope should prove a vain one, the two High Contracting 
Parties will recognize it as a loyal obligation, to inform 
the Emperor Alexander at least confidentially that they 
must consider an attack against one of them as directed 
against both. 

In witness whereof the Plenipotentiaries have signed 
this treaty with their own hand, and have affixed their 
seals. 

Done at Vienna, the 7th October, 1879. 

H. VII. P. REUSS. ANDRASSY. 

(L. S.) (L. S.) 

THE TRIPLE ALLIANCE. May 1882. 

THE PUBLISHED SECTIONS OF THE TRIPLE ALLIANCE 
TREATY BETWEEN AUSTRIA AND ITALY (as renewed, 
May 20, 1903) , 2 

CLAUSE III. In case one or two of the High Contracting 
Parties, without direct provocation on their part, should 
be attacked by one or more Great Powers not signatory 
of the present Treaty and should become involved in a war 
with them, the casus foederis would arise simultaneously 
for all the High Contracting Parties. 

CLAUSE IV. In case a Great Power not signatory of the 
present Treaty should threaten the State security of one 
of the High Contracting Parties, and in case the threatened 
party should thereby be compelled to declare war against 
that Great Power, the two other contracting parties engage 
themselves to maintain benevolent neutrality towards their 
Ally. Each of them reserves its right, in this case, to 

1 September 3, 1879, in Pqsen. William I of Germany met Alex- 
ander II of Russia there, to try and allay the friction which existed 
between the two countries as a, consequence of the Treaty of 
Berlin. The interview was cordial on both sides, but Bismarck was 
very dissatisfied with it. See P. Matter, Bismarck (1908), vol. iii, 
pp. 452-6 ; Busch, Bismarck (trans. 1898), vol. iii, pp. 257-66. 

* The Times, June i, 1915. 



THE TRIPLE ALLIANCE, 1903 375 

take part in the war if it thinks fit in order to make common 
cause with its Ally. 

CLAUSE VII. Austria-Hungary and Italy, who have 
solely in view the maintenance, as far as possible, of the 
territorial status quo in the East, engage themselves to use 
their influence to prevent all territorial changes which 
might be disadvantageous to the one or the other of the 
Powers signatory of the present Treaty. To this end 
they will give reciprocally all information calculated to 
enlighten each other concerning their own intentions and 
those of other Powers. Should, however, the case arise 
that, in the course of events, the maintenance of the status 
quo in the territory of the Balkans or of the Ottoman 
coasts and islands in the Adriatic or the Aegean Seas 
becomes impossible, and that, either in consequence of 
the action of a third Power or for any other reason, Austria- 
Hungary or Italy should be obliged to change the status 
quo on their part by a temporary or permanent occupa- 
tion, such occupation would only take place after previous 
agreement between the two Powers, which would have to 
be based upon the principle of a reciprocal compensation 
for all territorial or other advantages that either of them 
might acquire over and above the existing status quo, and 
would have to satisfy the interests and rightful claims of 
both parties. 



APPENDIX 

PRELIMINARY TREATY OF PEACE BETWEEN RUSSIA AND 
TURKEY. SIGNED AT SAN STEFANO, February ig/ 
March 3, 1878. 

His Majesty the Emperor of Russia and His Majesty the 
Emperor of the Ottomans, inspired with the wish of restor- 
ing and securing the blessings of peace to their countries 
and people, as well as of preventing any fresh complication 
which might imperil the same, have named as their Pleni- 
potentiaries, with a view to draw up, conclude, and sign the 
Preliminaries of Peace : 

His Majesty the Emperor of Russia on the one side, the 
Count Nicolas Ignatiew, &c., and Sieur Alexander Nelidow, 
&c. 

And His Majesty the Emperor of the Ottomans on the 
other side, Safvet Pasha, &c., and Sadoullah Bey, &c. 

Who, after having exchanged their full powers, which 
were found to be in good and proper form, have agreed to 
the following Articles : 

ARTICLE I. In order to put an end to the perpetual con- 
flicts between Turkey and Montenegro, the frontier which 
separates the two countries will be rectified, conformably 
to the map hereto annexed, subject to the reserve herein- 
after mentioned, in the following manner : 

From the mountain of Dobrostitza the frontier will follow 
the line indicated by the Conference of Constantinople as far 
as Korito by Bilek. Thence the new frontier will run to 
Gatzko (Metochia-Gatzko will belong to Montenegro), and 
towards the confluence of the Piva and the Tara, ascending 
towards the north by the Drina as far as its confluence with 
the Lim. The eastern frontier of the Principality will follow 
this last river as far as Prijepolje, and will proceed by Roshaj 
to Sukha-Planina (leaving Bihor and Roshaj to Montenegro). 
Taking in Bugovo, Plava, and Gusinje, the frontier line will 
follow the chain of mountains by Shlieb, Paklen, and along 
the northern frontier of Albania by the crests of the moun- 
tains Koprivnik, Babavik, Bor-vik, to the highest peak of 



378 APPENDIX 

Prokleti. From that point the frontier will proceed by the 
summit of Biskaschik, and will run in a straight line to 
the Lake of Tjiceni-hoti. Dividing Tjiceni-hoti and Tjiceni- 
kastrati, it will cross the Lake of Scutari to the Boyana, the 
thalweg of which it will follow as far as the sea. Nichsich, 
Gatzko, Spouje, Podgoritza, Jabliak, and Antivari will 
remain te Montenegro. 

A European Commission, on which the Sublime Porte 
and the Government of Montenegro shall be represented, 
will be charged with fixing the definite limits of the Princi- 
pality, making on the spot such modifications in the general 
tracing as it may think necessary and equitable, from the 
point of view of the respective interests and tranquillity of 
the two countries, to which it will accord in this respect the 
equivalents deemed necessary. 

The navigation of the Boyana having always given rise to 
disputes between the Sublime Porte and Montenegro, will 
be the subject of a special regulation, which will be prepared 
by the same European Commission. 

ARTICLE II. The Sublime Porte recognizes definitively 
the independence of the Principality of Montenegro. 

An understanding between the Imperial Government 
of Russia, the Ottoman Government, and the Principality of 
Montenegro will determine subsequently the character and 
form of the relations between the Sublime Porte and the 
Principality as regards particularly the establishment of 
Montenegrin Agents at Constantinople, and in certain 
localities of the Ottoman Empire, where the necessity for 
such agents shall be recognized, the extradition of fugitive 
criminals on the one territory or the other, and the subjec- 
tion of Montenegrins travelling or sojourning in the Ottoman 
Empire to the Ottoman laws and authorities, according to 
the principles of international law and the established usages 
concerning the Montenegrins. 

A Convention will be concluded between the Sublime 
Porte and Montenegro to regulate the questions connected 
with the relations between the inhabitants of the confines 
of the two countries and with the military works on the 
same confines. The points upon which an understanding 
cannot be established will be settled by the arbitration of 
Russia and Austria-Hungary. 

Henceforward, if there is any discussion or conflict, except 
as regards new territorial demands, Turkey and Montenegro 



APPENDIX 379 

will leave the settlement of their differences to Russia and 
Austria-Hungary, who will arbitrate in common. 

The troops of Montenegro will be bound to evacuate the 
territory not comprised within the limits indicated above 
within ten days from the signature of the Preliminaries of 
Peace. 

ARTICLE III. Servia is recognized as independent. Its 
frontier, marked on the annexed map, will follow the thal- 
weg of the Drina, leaving Little Zwornik and Zakar to the 
Principality, and following the old limit as far as the sources 
of the stream Dezevo, near Stoilac. Thence the new line 
will follow the course of that stream as far as the River 
Raska, and then the course of the latter as far as Novi- 
Bazar. 

From Novi-Bazar, ascending the stream which passes 
near the villages of Mekinje and Irgoviste as far as its source, 
the frontier line will run by Bosur Planina, in the valley of 
the Ibar, and will then descend the stream which falls into 
this river near the village of Ribanic. 

The line will then follow the course of the Rivers Ibar, 
Sitnitza and Lab, and of the brook Batintze to its source 
(upon the Grapachnitza Planina). Thence the frontier will 
follow the heights which separate the waters of the Kriva 
and the Veternitza, and will meet the latter river by the 
shortest route at the mouth of the stream Miovatzka, which 
it will ascend, crossing the Miovatzka Planina and re- 
descending towards the Morava, near the village of Kali- 
manci. 

From this point the frontier will descend the Morava as 
far as the River Vlossina, near the village of Sta'ikovtzi. 
Reascending the latter river, as well as the Linberazda, 
and the brook Koukavitze, the line will pass by the 
Sukha Planina, will run along the stream Vrylo as far 
as the Nisawa, and will descend the said river as 
far as the village of Kronpatz, whence the line will 
rejoin by the shortest route the old Servian frontier to 
the south-east of Karaoul Bare, and will not leave it until 
it reaches the Danube. 

Ada- Kale will be evacuated and razed. 

A Turco- Servian Commission, assisted by a Russian Com- 
missioner, will, within three months, arrange upon the spot 
the definite frontier line, and will definitely settle the 
questions relating to the islands of the Drina. A Bulgarian 



380 APPENDIX 

delegate will be admitted to participate in the work of the 
Commission when it shall be engaged on the frontier 
between Servia and Bulgaria. 

ARTICLE IV. The Mussulmans holding lands in the terri- 
tories annexed to Servia, and who wish to reside out of the 
Principality, can preserve their real property by having 
them farmed out or administered by others. A Turco- 
Servian Commission, assisted by a Russian Commissioner, 
will be charged to decide absolutely, in the course of two 
years, all questions relating to the verification of real estate 
in which Mussulman interests are concerned. 

This Commission will also be called upon to settle within 
three years the method of alienation of State property and 
of religious endowments (Vacouf), as well as the questions 
relative to the interests of private persons which may be 
involved. Until a direct Treaty is concluded between Turkey 
and Servia determining the character of the relations 
between the Sublime Porte and the Principality, Servian 
subjects travelling or sojourning in the Ottoman Empire 
shall be treated according to the general principles of inter- 
national law. 

The Servian troops shall be bound to evacuate the terri- 
tory not comprised within the above-mentioned limits 
within fifteen days from the signature of the Preliminaries 
of Peace. 

ARTICLE V. The Sublime Porte recognizes the indepen- 
dence of Roumania, which will establish its right to an 
indemnity, to be discussed between the two countries. 

Until the conclusion of a direct Treaty between Turkey 
and Roumania, Roumanian subjects will enjoy in Turkey 
all the rights guaranteed to the subjects of other European 
Powers. 

ARTICLE VI. Bulgaria is constituted an autonomous 
tributary Principality, with a Christian Government and 
a national militia. 

The definitive frontiers of the Bulgarian Principality will 
be traced by a special Russo-Turkish Commission before 
the evacuation of Roumelia by the Imperial Russian 
army. 

This Commission will, in working out the modifications 
to be made on the spot in the general tracing, take into 
account the principle of the nationality of the majority of 
the inhabitants of the border districts, conformably to the 



APPENDIX 381 

Bases of Peace, and also the topographical necessities and 
practical interests of the intercommunication of the local 
population. 

The extent of the Bulgarian Principality is laid down in 
general terms on the accompanying map, which will serve 
as a basis for the definitive fixing of the limits. Leaving the 
new frontier of the Servian Principality, the line will follow 
the western limit of the Caza of Wrania as far as the chain 
of the Kara-dagh. Turning towards the west, the line will 
follow the western limits of the Cazas of Koumanovo, 
Kotchani, Kalkandelen, to Mount Korab ; thence by the 
River Welestchitza as far as its junction with the black 
Drina. Turning towards the south by the Drina, and after- 
wards by the western limit of the Caza of Ochride towards 
Mount Linas, the frontier will follow the western limits of 
the Cazas of Gortcha and Starovo as far as Mount Grammos. 
Then by the Lake of Kastoria, the frontier line will rejoin 
the River Moglenitza, and after having followed its course, 
and passed to the south of Yanitza (Wardar Yenidje), will 
go by the mouth of the Warder and by the Galliko towards 
the villages of Parga and of Sarai-keui ; thence through the 
middle of Lake Bechik-Guel to the mouth of the Rivers 
Strouma and Karassou, and by the sea-coast as far as Buru- 
Guel ; thence striking north-west towards Mount Tchaltepe 
by the chain of Rhodope as far as Mount Krouschowo, by 
the Black Balkans (Kara-Balkan), by the mountains 
Eschekkoulatchi, Tchepelion, Karakolas, and Tschiklar, as 
far as the River Arda. 

Thence the line will be traced in the direction of the town 
of Tchirmen, and leaving the town of Adrianople to the 
south, by the villages of Sugutlion, Kara-Hamza, Aronaut- 
keui, Akardji, and Enidje as far as the River Tekederessi. 
Following the Rivers Tekederessi and Tchorlouderessi as 
far as Loule-Bourgaz, and thence, by the River Soudjak- 
dere as far as the village of Serguen, the frontier line will go 
by the heights straight towards Hakimtabissai, where it 
will strike the Black Sea. It will leave the sea-coast near 
Mangalia, following the southern boundaries of the Sandjak 
of Toultcha, and will come out on the Danube above 
Rassova. 

ARTICLE VII. The Prince of Bulgaria shall.be freely 
elected by the population and confirmed by the Sublime 
Porte, with the assent of the Powers. No member of the 



382 APPENDIX 

reigning dynasties of the great European Powers shall be 
capable of being elected Prince of Bulgaria. 

In the event of the dignity of Prince of Bulgaria being 
vacant, the election of the new Prince shall be made subject 
to the same conditions and forms. 

Before the election of the Prince, an Assembly of Bul- 
garian Notables, to be convoked at Philippopolis (Plowdiw) 
or Tyrnowo, shall draw up, under the superintendence of an 
Imperial Russian Commissioner, and in the presence of an 
Ottoman Commissioner, the organization of the future ad- 
ministration, in conformity with the precedents established 
in 1830 after the Peace of Adrianople, in the Danubian 
Principalities. 

In the localities where Bulgarians are mixed with Turks, 
Greeks, Wallachians (Koutzo-Vlachs), or others, proper 
account is to be taken of the rights and interests of these 
populations in the elections and in the preparation of the 
Organic Laws. 

The introduction of the new system into Bulgaria, and the 
superintendence of its working, will be intrusted for two 
years to an Imperial Russian Commissioner. At the ex- 
piration of the first year after the introduction of the new 
system, and if an understanding on this subject has been 
established between Russia, the Sublime Porte, and the 
Cabinets of Europe, they can, if it is deemed necessary, 
associate Special Delegates with the Imperial Russian 
Commissioner. 

ARTICLE VIII. The Ottoman army will no longer remain 
in Bulgaria, and all the ancient fortresses will be razed at the 
expense of the local Government. The Sublime Porte will 
have the right to dispose, as it sees fit, of the war material 
and of the other property belonging to the Ottoman Govern- 
ment which may have been left in the Danubian fortresses 
already evacuated in accordance with the terms of the 
Armistice of the $ January, as well as of that in the 
strongholds of Schoumla and Varna. 

Until the complete formation of a native militia sufficient 
to preserve order, security, and tranquillity, and the strength 
of which will be fixed later on by an understanding between 
the Ottoman Government and the Imperial Russian Cabinet, 
Russian troops will occupy the country, and will give armed 
assistance to the Commissioner in case of need. This occupa- 
tion will also be limited to a term approximating to two years. 



APPENDIX 383 

The strength of the Russian army of occupation to be 
composed of six divisions of infantry and two of cavalry, 
which will remain in Bulgaria after the evacuation of Turkey 
by the Imperial army, shall not exceed 50,000 men. It will 
be maintained at the expense of the country occupied. The 
Russian troops of occupation in Bulgaria will maintain their 
communications with Russia, not only through Roumania, 
but also by the ports of the Black Sea, Varna, and Bourgas, 
where they may organize, for the term of the occupation, 
the necessary depots. 

ARTICLE IX. The amount of the annual tribute which 
Bulgaria is to pay the Suzerain Court, by transmitting it to 
a bank to be hereafter named by the Sublime Porte, will 
be determined by an agreement between Russia, the Otto- 
man Government, and the other Cabinets, at the end of the 
first year during which the new organization shall be in 
operation. This tribute will be calculated on the average 
revenue of all the territory which is to form part of the 
Principality. 

Bulgaria will take upon itself the obligations of the 
Imperial Ottoman Government towards the Rustchuk and 
Varna Railway Company, after an agreement has been come 
to between the Sublime Porte, the Government of the Princi- 
pality, and the Directors of this Company. The regulations 
as to the other railways (votes fences) which cross the Princi- 
pality are also reserved for an agreement between the 
Sublime Porte, the Government established in Bulgaria, and 
the Directors of the Companies concerned. 

ARTICLE X. The Sublime Porte shall have the right to 
make use of Bulgaria for the transport by fixed routes of 
its troops, munitions, and provisions to the provinces 
beyond the Principality, and vice versa. In order to avoid 
difficulties and misunderstandings in the application of this 
right, while guaranteeing the military necessities of the 
Sublime Porte, a special regulation will lay down the con- 
ditions of it within three months after the ratification of the 
present Act by an understanding between the Sublime Porte 
and the Bulgarian Government. 

It is fully understood that this right is limited to the 
regular Ottoman troops, and that the irregulars, the Bashi- 
Bazouks, and the Circassians will be absolutely excluded 
from it. 

The Sublime Porte also reserves to itself the right of 



384 APPENDIX 

sending its postal service through the Principality, and of 
maintaining telegraphic communication. These two points 
shall also be determined in the manner and within the period 
of time indicated above. 

ARTICLE XI. The Mussulman proprietors or others who 
fix their personal residence outside the Principality may 
retain their estates by having them farmed or administered 
by others. Turco-Bulgarian Commissions shall sit in the 
principal centres of population, under the superintendence 
of Russian Commissioners, to decide absolutely in the course 
of two years all questions relative to the verification of real 
property, in which either Mussulmans or others may be 
interested. Similar commissions will be charged with the 
duty of regulating within two years all questions relative to 
the mode of alienation, working, or use for the benefit of the 
Sublime Porte of the property of the State, and of the 
religious endowments (Vacouf). 

At the expiration of the two years mentioned above all 
properties which shall not have been claimed shall be sold 
by public auction, and the proceeds thereof shall be devoted 
to the support of the widows and orphans, Mussulman as 
well as Christian, victims of the recent events. 

ARTICLE XII. All the Danubian fortresses shall be razed. 
There shall be no strongholds in future on the banks of this 
river, nor any men-of-war in the waters of the Principalities 
of Roumania, Servia, and Bulgaria, except the usual 
' stationnaires ' and the small vessels intended for river- 
police and Custom-house purposes. 

The rights, obligations, and prerogatives of the Inter- 
national Commission of the Lower Danube are maintained 
intact. 

ARTICLE XIII. The Sublime Porte undertakes to render 
the passage of Soulina again navigable, and to indemnify the 
private individuals who have suffered loss by the war and 
the interruption of the navigation of the Danube, applying 
for this double charge a sum of five hundred thousand 
francs from the amount due to the Sublime Porte from the 
Danubian Commission. 

ARTICLE XIV. The European proposals communicated 
to the Ottoman Plenipotentiaries at the first sitting of the 
Constantinople Conference shall immediately be introduced 
into Bosnia and Herzegovina, with any modifications which 
may be agreed upon in common between the Sublime 



APPENDIX 385 

Porte, the Government of Russia, and that of Austria- 
Hungary. 

The payment of arrears of taxes shall not be required, and 
the current revenues of these provinces until the ist March, 
1880, shall be exclusively applied to indemnify the families 
of refugees and inhabitants, victims of recent events, without 
distinction of race or creed, as well as to the local needs of 
the country. The sum to be received annually after this 
period by the Central Government shall be subsequently 
lixed by a special understanding between Turkey, Russia, 
and Austria-Hungary. 

ARTICLE XV. The Sublime Porte engages to apply 
scrupulously in the Island of Crete the Organic Law of 1868, 
taking into account the previously-expressed wishes of the 
native population. 

An analogous law adapted to local requirements shall 
likewise be introduced into Epirus, Thessaly, and the other 
parts of Turkey in Europe, for which a special constitution 
is not provided by the present Act. 

Special Commissions, in which the native population will 
be largely represented, shall in each province be entrusted 
with the task of elaborating the details of the new organiza- 
tion, and the result of their labours shall be submitted to 
the Sublime Porte, who will consult the Imperial Govern- 
ment of Russia before carrying it into effect. 

ARTICLE XVI. As the evacuation by the Russian troops 
of the territory which they occupy in Armenia, and which is 
to be restored to Turkey, might give rise to conflicts and 
complications detrimental to the maintenance of good rela- 
tions between the two countries, the Sublime Porte engages 
to carry into effect, without further delay, the improve- 
ments and reforms demanded by local requirements in the 
provinces inhabited by Armenians, and to guarantee their 
security from Kurds and Circassians. 

ARTICLE XVII. A full and complete amnesty is granted 
by the Sublime Porte to all Ottoman subjects com- 
promised by recent events, and all persons imprisoned 
on this account or sent into exile shall be immediately set 
at liberty. 

ARTICLE XVIII. The Sublime Porte will take into 
serious consideration the opinion expressed by the Com- 
missioners of the Mediating Powers as regards the possession 
of the town of Khotour, and engages to have the works of 

1903 



3 86 APPENDIX 

the definitive delimitation of the Turco-Persian Boundary 
carried into effect. 

ARTICLE XIX. The war indemnities and the losses im- 
posed on Russia which His Majesty the Emperor of Russia 
claims, and which the Sublime Porte has bound itself to 
reimburse to him, consist of 

(a) 900,000,000 roubles for war expenses (maintenance 
of the army, replacing of war material, and war contracts). 

(6) 400,000,000 roubles on account of damage done to 
the south coast of Russia, to her export commerce, to her 
industries, and to her railways. 

(c) 100,000,000 roubles for injuries inflicted on the 
Caucasus by the invasion ; and, 

(d) 10,000,000 roubles for costs and damages of Russian 
subjects and establishments in Turkey. 

Total, 1,410,000,000 roubles. 

Taking into consideration the financial embarrassments 
of Turkey, and in accordance with the wishes of His Majesty 
the Sultan, the Emperor of Russia consents to substitute for 
the payment of the greater part of the moneys enumerated 
in the above paragraph, the following territorial cessions : 

(a) The Sandjak of Toultcha, that is to say. the districts 
(Cazas) of Kilia, Soulina, Mahmoudie, Isaktcha, Toultcha, 
Matchine, Babadagh, Hirsowo, Kustendje, and Medjidie, 
as well as the Delta Islands and the Isle of Serpents. 

Not wishing, however, to annex this territory and the 
Delta Islands, Russia reserves the right of exchanging them 
for the part of Bessarabia detached from her by the Treaty 
of 1856, and which is bounded on the south by the thalweg 
of the Kilia branch and the mouth of the Stary-Stamboul. 

The question of the apportionment of waters and fisheries 
shall be determined by a Russo-Roumanian Commission 
within a year after the ratification of the Treaty of Peace. 

(b) Ardahan, Kars, Batoum, Bayazet, and the territory 
as far as the Saganlough. 

In its general outline, the frontier line, leaving the Black 
Sea coast, will follow the crest of the mountains which 
separate the affluents of the River Hopa from those of the 
River Tcharokh, and the chain of mountains to the south of 
the town of Artwin up to the River Tcharokh, near the 
villages of Alat and Bechaget ; then the frontier will pass 
by the peaks of Mounts Dervenikghek, Hortchezor, and 
Bedjiguin-Dagh, by the crest which separates the affluents 



APPENDIX 387 

of the Rivers Tortoum-tchai and the Tcharokh by the 
heights near Zaily-Vihine, coming down at the village 
Vihine-Kilissa to the River Tortoum-chaii ; thence it will 
follow the Sivridagh Chain to the pass (col) of the same name, 
passing south of the village of Noriman ; then it will turn 
to the south-east and go to Zivine, whence the frontier, 
passing west of the road which leads from Zivine to the 
villages of Ardost and Horassan, will turn south by the 
Saganlough Chain to the village of Gilitchman ; then by 
the crest of the Charian-Dagh it will arrive, ten versts south 
of Hamour, at the Mourad-tchai defile ; then the line will 
follow the crest of the Alla-Dagh and the summits of the 
Hori and Tandourek, and, passing south of the Bayazet 
Valley, will proceed to rejoin the old Turco-Persian frontier 
to the south of the lake of Kazli-gueul. 

The definitive limits of the territory annexed to Russia, 
and indicated on the map hereto appended, will be fixed by 
a Commission composed of Russian and Ottoman delegates. 

This Commission in its labours will take into account the 
topography of localities, as well as considerations of good 
administration and other conditions calculated to insure the 
tranquillity of the country. 

(c) The territories mentioned in paragraphs (a) and (b) 
are ceded to Russia as an equivalent for the sum of one 
milliard and one hundred million roubles. As for the rest 
of the indemnity, apart from the 10,000,000 of roubles 
intended to indemnify Russian interests and establishments 
in Turkey namely, 300,000,000 of roubles the mode of 
payment and guarantee of that sum shall be settled by an 
understanding between the Imperial Government of Russia 
and that of His Majesty the Sultan. 

(d) The 10,000,000 roubles claimed as indemnity for 
the Russian subjects and establishments in Turkey shall be 
paid as soon as the claims of those interested are examined 
by the Russian Embassy at Constantinople and handed to 
the Sublime Porte. 

ARTICLE XX. The Sublime Porte will take effective steps 
to put an amicable end to the lawsuits of Russian subjects 
pending for several years, to indemnify the latter if need be, 
and to carry into effect without delay all judgments passed. 

ARTICLE XXI. The inhabitants of the districts ceded to 
Russia who wish to take up their residence out of these terri- 
tories will be free to retire on selling all their real property. 

CC2 



388 APPENDIX 

For this purpose an interval of three years is granted them, 
counting from the date of ratification of the present Act. 

On the expiration of that time those of the inhabitants 
who shall not have sold their real property and left the 
country shall remain Russian subjects. 

Real property belonging to the State, or to religious 
establishments situated out of the localities aforesaid, shall 
be sold within the same interval of three years as shall be 
arranged by a special Russo-Turkish Commission. The 
same Commission shall be intrusted with determining how 
the Ottoman Government is to remove its war material, 
munitions, supplies, and other State property actually in 
the forts, towns, and localities ceded to Russia, and not at 
present occupied by Russian troops. 

ARTICLE XXII. Russian ecclesiastics, pilgrims, and 
monks travelling or sojourning in Turkey in Europe or in 
Asia shall enjoy the same rights, advantages, and privileges 
as the foreign ecclesiastics of any other nationality. 

The right of official protection by the Imperial Embassy 
and Russian Consulates in Turkey is recognized, both as 
regards the persons above-mentioned, and their possessions, 
religious houses, charitable institutions, &c., in the Holy 
Places and elsewhere. 

The monks of Mount Athos, of Russian origin, shall be 
maintained in all their possessions and former privileges, 
and shall continue to enjoy in the three convents belonging 
to them and in the adjoining buildings the same rights and 
privileges as are assured to the other religious establish- 
ments and convents of Mount Athos. 

ARTICLE XXIII. All the Treaties, Conventions, and 
agreements previously concluded between the two High 
Contracting Parties relative to commerce, jurisdiction, and 
the position of Russian subjects in Turkey, and which had 
been abrogated by the state of war, shall come into force 
again, with the exception of the clauses affected by the 
present Act. The two Governments will be placed again in 
the same relation to one another, with respect to all their 
engagements and commercial and other relations, as they 
were in before the declaration of war. 

ARTICLE XXIV. The Bosphorus and the Dardanelles 
shall remain open in time of war as in time of peace to the 
merchant -vessels of neutral States arriving from or bound 
to Russian ports. The Sublime Porte consequently engages 



APPENDIX 389 

never henceforth to establish at the ports of the Black Sea 
and the Sea of Azow, a fictitious blockade (Uocusfictif), at 
variance with the spirit of the Declaration signed at Paris 
on the T % April, 1856. 

ARTICLE XXV. The complete evacuation of Turkey in 
Europe, with the exception of Bulgaria, by the Russian 
army will take place within three months after the con- 
clusion of the definitive peace between His Majesty the 
Emperor of Russia and His Majesty the Sultan. 

In order to save time, and to avoid the cost of the pro- 
longed maintenance of the Russian troops in Turkey and 
Roumania, part of the Imperial army may proceed to the 
ports of the Black Sea and the Sea of Marmora, to be there 
shipped in vessels belonging to the Russian Government or 
chartered for the occasion. 

The evacuation of Turkey in Asia will be effected within 
the space of six months, dating from the conclusion of the 
definitive peace, and the Russian troops will be entitled to 
take ship at Trebizond in order to return by the Caucasus 
or the Crimea. 

The operations of the evacuation will begin immediately 
after the exchange of ratifications. 

ARTICLE XXVI. As long as the Imperial Russian troops 
remain in the localities which, in conformity with the present 
Act, will be restored to the Sublime Porte, the administra- 
tion and order of affairs will continue in the same state as 
has existed since the occupation. The Sublime Porte will 
not participate therein during all that time, nor until the 
entire departure of all the troops. 

The Ottoman forces shall not enter the places to be re- 
stored to the Sublime Porte, and the Sublime Porte cannot 
begin to exercise its authority there until notice of each 
fortress and province having been evacuated by the Russian 
troops shall have been given by the Commander of these 
troops to the officer appointed for this purpose by the 
Sublime Porte. 

ARTICLE XXVII. The Sublime Porte undertakes not to 
punish in any manner, or allow to be punished, those Otto- 
man subjects who may have been compromised by their 
relations with the Russian army during the war. In the 
event of any persons wishing to withdraw with their families 
when the Russian troops leave, the Ottoman authorities shall 
not oppose their departure. 



390 APPENDIX 

ARTICLE XXVIII. Immediately upon the ratification of 
the Preliminaries of Peace, the prisoners of war shall be reci- 
procally restored under the care of special Commissioners 
appointed on both sides, who for this purpose shall go to 
Odessa and Sebastopol. The Ottoman Government will pay 
all the expenses of the maintenance of the prisoners that are 
returned to them, in eighteen equal instalments in the space 
of six years, in accordance with the accounts that will be 
drawn up by the above-mentioned Commissioners. 

The exchange of prisoners between the Ottoman Govern- 
ment and the Governments of Roumania, Servia, and 
Montenegro will be made on the same basis, deducting, 
however, in the account, the number of prisoners restored 
by the Ottoman Government from the number of prisoners 
that will have to be restored to that Government. 

ARTICLE XXIX. The present Act shall be ratified by 
their Imperial Majesties the Emperor of Russia and the 
Emperor of the Ottomans, and the ratifications shall be 
exchanged in fifteen days, or sooner if possible, at St. Peters- 
burgh, where likewise an agreement shall be come to as to 
the place and the time at which the stipulations of the 
present Act shall be invested with all the solemn forms 
usually observed in Treaties of Peace. It is, however, well 
understood that the High Contracting Parties consider 
themselves as formally bound by the present Act from the 
moment of its ratification. 

In witness whereof the respective Plenipotentiaries have 
appended their signatures and seals to the present Act. 

Done at San Stefano, the ntoe ^ h s f^* l5P , one thousand 
eight hundred and seventy-eight. 

C te . N. IGNATIEW. SAP VET. 

NELIDOW. SADOULLAH. 

Final paragraph of Article XI of the Act of the Prelimi- 
naries of Peace signed this day, F ^ r a u rci7 3 ' 9 , 1878, which was 
omitted, and which should form an integral part of the said 
Article : 

The inhabitants of the Principality of Bulgaria when 
travelling or sojourning in the other parts of the Ottoman 
Empire shall be subject to the Ottoman laws and authorities. 

(The same signatures.) 

San Stefano, r !&3 19 > 1878. 



CHRONOLOGICAL TABLE 

OF PRINCIPAL DOCUMENTS AND EVENTS GIVEN OR 
REFERRED TO IN THIS VOLUME 

The letter ' T ' indicates Texts of documents given. 

,, ,, ' R ' ,, Documents and events referred to. 
The figures indicate the pages. 

1713. Treaty of Utrecht. Austrian Netherlands. R. 128. 

1720. Guarantees respecting Schleswig. Great Britain and France. 

R. 187. 
1740 (and later). Capitulations. Turkey and European Powers. 

R. 159. 

1767. Treaty. Denmark and Russia. Schleswig. R. 187. 
1773. Treaty. Denmark and Russia. Schleswig. R. 187. 
'789. July. French Revolution. Destruction of Bastille. R. 16. 
1/93- Jan. 21. Execution of Louis XVI. R. 18. 

Feb. i. War between England and France. R. 19. 

1814. Mar. 31. Surrender of Paris to Allies. R. 19. 
May 3. Louis XVIII enters Paris. R. 19. 

May 30. Treaty of Peace between the Allies and Franca 
(the ' First Peace of Paris '). R. 19-24. 

May 30. Slave-trade Article to above. T. 24 (foot-note). 

May 30. Treaty of Peace. Article VI : Kingdom of Nether- 
lands. R. 129. 

July 30. Speech of Prince Regent on the Peace, &c. 
T. (extract) 25. 

Sept. General Congress assembled at Vienna. (Concluded 
labours June 19, 1815.) R. 25. 

Oct. 30. General Congress assembled at Vienna. First 
plenary meeting. R. 29. 

Oct. Task and Negotiations of Congress. R. 26 onwards. 

1815. Slave-trade discussions in Vienna Congress. R. 30. 
Jan.-Feb. Slave Trade. R. 32, 33. 

Vienna Congress. Discussions and results. R. 30 onwards. 

Jan. 3. Treaty, Defensive Alliance: Great Britain, France, 
and Austria. R. 30. 

March. Free Navigation of Rivers. Regulations. R. 31. 

The seventeen Annexes to the Treaty of Vienna. Epi- 
tome 95-98. Comprising the following documents : 

Apr. 2i-May 3. I. Treaty. Austria and Russia. Poland. 
Boundaries and other stipulations. 95. 

Apr. 2i-May 3. II. Treaty. Russia and Prussia. Poland, 
&c. 95. 

Apr. 2i-May 3. III. Treaty (additional). Austria, Prussia, 
Russia. Cracow. 95. 

May 1 8. IV. Treaty. Prussia and Saxony, &c. Territorial 
changes, Elbe navigation, &c. 95-6. 



392 CHRONOLOGICAL TABLE 

1815. May 18-29. V. Declaration. Saxony. House of Schonburg. 
96. 

May 29. VI. Treaty. Prussia and Hanover. Territorial. 96. 

June I. VII. Convention. Prussia and Saxe-Weimar. 
Territorial. 96. 

May 31. VIII. Convention. Prussia and Nassau. Terri- 
torial. Ehrenbreitstein. 96. 

June 8. IX. Act. Federative Constitution of Germany. 96. 

May 31. X. Treaty. Great Britain, &c., and Netherlands. 
Union with Belgium. 97. 

Mar. 20. XI A. Declaration (eight Powers). Helvetic Con- 
federacy. 97. 

May 27. XI B. Act of Acceptance of above by Switzerland. 

97- 
Mar. 29. XII. Protocol (eight Powers). Cessions : Sardinia 

to Geneva, &c. 97. 
May 20. XIII. Treaty (six Powers). Sardinia, Geneva, &c. 

Genoa. Chablais. Faucigny. Boundaries, &c. 97. 
May 20. XIV. Conditions for Union of Genoa with Sardinia 

(annexed to Annex XIII). 98. 

Feb. 8. -XV. Declaration (eight Powers). Abolition of Slave- 
trade. 98. 

Mar. XVI. Regulations. Navigation of Rivers. 98. 
Mar. 19. XVII. Regulations. Precedence of Diplomatic 

Agents. 98. 

June 9. Vienna Congress Treaty. T. 37-94. 
June 1 8. Battle of Waterloo. R. 52. 
Sept. 26. Treaty ' Holy Alliance ' : Austria, Prussia, and 

Russia. R. 34, 35. 
Sept. ' Holy Alliance '. Prince Regent's reply to invitation to 

accede. R. 36. 
Nov. 20. Treaty. ' Second Peace of Paris.' Modifications. 

War Indemnity, &c. R. 36, 37. 
1819. July 20. Treaty. Article 36. Luxemburg garrisoned by 

Prussia. R. 257. 
1822 and 1823. Conferences. Troppau and Laibach. Revolution in 

Naples, &c. R. 36. 
1823. Congress of Verona. Slave Trade. R. 33. 

1825. Sept. 30. Proclamation of Neutrality. Greek Insurrection. 

R. 105 (footnote). 

1826. Apr. 4. Protocol of Petersburgh. Mediation between Greece 

and Turkey. R. 105-6. 

1827. July 6. Treaty. Great Britain, France, and Russia. Media- 

tion between Greece and Turkey. R. 106. 
Oct. 20. Battle of Navarino. Destruction of Egyptian 
Fleet. R. 106-7. 

1829. Sept. 14. Treaty of Adrianople. Russia and Turkey. (Settle- 

ment of Greece, &c.) R. 107-8. 

1830. Feb. 3. Protocol. Great Britain, France, and Russia. Inde- 

pendence of Greece. R. 108. T. 120. 

1831. Apr. Crown of Belgium accepted by Prince Leopold. R. 

133. 

Nov. 15. Treaty. Separation of Belgium from Holland 
(Luxemburg, &c.). R. 133, 257. 



OF DOCUMENTS AND EVENTS 393 

1832. May 7. Convention. Great Britain, France, and Russia. 

Independence of Greece : Guarantee, Loan, &c. R. 108. 
T. 116. 

1833. July 8. Treaty of Unkiar Skelessi. Russia and Turkey. 

R. 166. 

1839. Apr. 19. Treaty. Kingdom of Belgium (Luxemburg, &c.). 

T. 141. R. 257. 

1840. July 15. Treaty. Great Britain, &c., and Turkey. Pacifica- 

tion of Levant. R. 167. 

1846. July 8. Royal Rescript, Denmark. Danish Duchies. R. 187. 

T. (extract) 188-9. 

1847. Dec. 24. Treaty. Austria and Modena. Alliance. R. 214 

1848. Feb. 4. Treaty. Austria and Parma. Alliance. R. 214. 

1849. Aug. 6. Treaty. Austria and Sardinia. Peace. R. 212. 

1850. Feb. Advice by Lord Palmerston to Denmark. Succession 

question. R. 191. 
July 2. Treaty. Peace. Denmark and German Confederacy : 

Duchies question. R. 190. 
1852. Jan. Arrangement. Danish promises respecting the Duchies. 

R. 191. 
May 8. Treaty. Denmark and the Powers. Integrity of 

Danish monarchy : Succession. R- 191. T. 198. 

1855. Sept. 8. Fall of Sebastopol. 

1856. Feb. 1 8. Hatti-Hamouin. Christians in Turkey. Reforms. 

R. 321. 

Mar. 30. Treaty of Paris. End of Crimean War. R. 168-76, 
313- T. 176. 

Mar. 30. Treaty of Paris. Partial denunciation of. R. 313- 
18. 

Apr. 14. Declaration. Mediation before going to war. 
R. 243-4, 2 7 (footnotes). 

Apr. 16. Declaration of Paris. Maritime Law. R. 175. 
T. 185. 

Oct. 17. Treaty. Great Britain and United States (' Claren- 
don-Dallas '). R. 5. 

1859. Apr. 28. Declaration of War. Austria against Sardinia. 

R. 214. 
Apr. 29. Declaration of War! Sardinia against Austria. 

R. 214. 
May 3. Declaration of War. France against Austria. R. 

214. 
July IT. Preliminary Articles of Peace. France and Austria. 

R. 214. 
July 25. Dispatch. Lord John Russell. Views respecting 

proposed reorganization of Italy. R. 216. 
Aug. Italian Duchies vote annexation to Sardinia. R. 216-17. 
Nov. 10. Treaty. France and Austria (and Italy). Peace. 

Cession of Lombardy. R. 215-19. T. 226. 
Congress (proposed). Austrian and Sardinian difficulties, &c. 

R. 213, 219. 

1860. Jan. I. Dispatch. Lord Cowley. Congress abandoned. 

T. 219-20. 

Mar. 1 8 j Decrees. Sardinia annexes Italian Duchies, &c. 
Mar. 22 V R. 220-1. 



394 CHRONOLOGICAL TABLE 

1860. Mar. 24. Treaty. France and Sardinia. Annexation of Savoy 

and Nice to France. R. 222. 

June 21. Arrangement. Greek Loan: Interest, &c. R. 110. 
1861 Mar. 17. Law. Title of King of Italy assumed by King of 

Sardinia. R. 222. 

1863. July 13. Treaty. Great Britain, France, and Russia. Greek 

throne. Guarantee. Cession of Ionian Islands, &c. 

R. no. T. 123. 
Nov. Constitution incorporating Schleswig with Denmark. 

R. 192, 193. 
Claim of Duke of Augustenburg to Danish Duchies. R. 193. 

1864. Apr.-June. Conferences : Dano-German War. R. 195. 
Oct. 30. Treaty. Austria, Prussia, Denmark. Cession of the 

Duchies. R. 195. T. 199. 

1865. Aug. 14. Convention. Austria and Prussia. Division of 

Danish Duchies, &c. R. 196, 242. 
Sept. 14. Dispatch by Earl Russell. Conduct of Austria and 

Prussia re the Duchies. T. 197. 
Sept. Meeting of Bismarck and Napoleon III at Biarritz 

(Italy). R. 263. 

1866. May. Alliance. Italy and Prussia against Austria. R. 223, 

242. 

May. Proposed Congress. Lord Clarendon's views. R. 243. 
June 14. Prussian Declaration. Dissolution of Germanic 

Confederation. R. 242. 
June 17-20. Declarations of War. Italy and Prussia against 

Austria. R. 223, 246. 
July 26. Treaty (preliminary). Austria and Prussia. Peace. 

(Cession of Venetia to Italy.) R. 223, 247. 
Aug. 13. Treaty. Prussia and Wurtemberg. Peace. War 

indemnity, &c. R. 249. 
Aug. 17. Treaty. Prussia and Baden. Peace, &c. : Rhine 

Dues. R. 249. 

Aug. 22. Treaty. Prussia and Bavaria. Peace, &c. R. 250. 
Aug. 23. Treaty (Prague). Austria and Prussia. Peace. 

Venetia, Danish Duchies, &c. R. 224, 248. T. 251. 
Aug. and Sept. Treaties. Alliance : South German States 

and Prussia. R. 250. 
Sept. 3. Treaty. Prussia and Hesse-Darmstadt. Peace, &c. 

R. 250. 

Sept. 20. Decree. Annexations to Prussia. R. 249. 
Oct. 3. Treaty. Austria and Italy. Peace. (Cession of 

Venetia, &c.) R. 224. T. 233. 
Oct. 8. Treaty. Prussia and Saxe-Meiningen. Peace, &c. 

R. 250. 
Oct. 19. Proces-verbal. Delivery of Venetia to the Venetians. 

R. 226. 
Oct. 21. Treaty. Prussia and Saxony. Peace. Army. War 

Indemnity, &c. R. 250. 

1867. May ii. Treaty. Great Britain, &c. Luxemburg question 

(Neutral State, &c.). R. 258, 264. T. 260. 
June 14. Constitution. North German Confederation. R. 250. 
July 4. Speech : Lord Derby, on nature of Guarantees, &c. 

(Luxemburg question). R. 258. 



OF DOCUMENTS AND EVENTS 395 

1870. July 6. Statement by Due de Gramont. Hohenzollern Candi- 

dature for throne of Spain. T. 266. 
July 13. The Ems telegram. History of. R. 268. T. 269-70 

(footnote) . 

July. Hohenzollern affair. British action. R. 266-70. 
July. Hohenzollern affair. Appeal to Paris Declaration as to 

mediation. R. 270. 

July 19. Declaration of War. France against Prussia. R. 271. 
Aug. 9. Treaty. Great Britain and Prussia. Neutrality of 

Belgium. R. 270-1. 
Aug. 1 1 . Treaty. Great Britain and France. Neutrality of 

Belgium. R. 270-1. 
Oct. 31. Denunciation by Russia of Black Sea Articles of 

Treaty of Paris, 1856. R. 313-16. 

1871. Jan. 17. Declaration. Binding force of Treaties. T. n. 

R. 320. 
Jan. 1 8. King of Prussia proclaimed German Emperor. 

R. 271. 
Feb. 26. Treaty, preliminary. Peace, Boundaries, &c : 

France and Germany. R. 271. T. 274. 
Mar. 13. General Treaty. Black Sea, Dardanelles, Danube, 

&c. Amendment of Treaty of Paris, 1856. R. 318-21. 

T. 330. 

Apr. 16. Constitution. German Empire. R. 273. T. 288. 
May 10. Treaty, definitive. Peace, Boundaries, &c. : France 

and Germany. R. 272. T. 279. 
Oct. 12. Additional Convention. France and Germany. 

Customs, Renewal of Treaties, &c. R. 272. 
Dec. ii. Additional Convention. France and Germany. 

Customs, Renewal of Treaties, &c. R. 272. 

1870-1. Action of Prussia respecting Neutrality of Luxemburg. 
R. 259. 

Causes of Franco-German War. R. 271 (footnote). 

1876. Jan. Andrassy Note. Eastern question. R. 322. 

July. Serbia and Montenegro declare war on Turkey. R. 324. 
1876-7. Constantinople Conferences. R. 324. 

1877. Apr. 24. Declaration of War. Russia against Turkey. R. 324. 

1878. Feb. 6. British Fleet pass through Dardanelles. R. 325. 
Mar. 3. Treaty (San Stefano). Peace, &c. Russia and 

Turkey. R. 325. T. 377. 
June 4. Convention. Great Britain and Turkey. Alliance. 

Cyprus, &c. R. 326. 
June 13. Congress of Berlin. Affairs of the East. R. 326. 

ni3. Treaty of Berlin. Affairs of the East. R. 326. 
332. 

1879. Oct. 7. Dual Alliance: Germany and Austria. R. 368-9. 

T. 372-4- 

1881. May 24. Treaty. Six Powers and Turkey. Thessaly ceded 

to Greece. R. in. 

1882. May. Accession of Italy to Treaty of Alliance of 1879 

between Austria and Germany (Triple Alliance). Renewed 
May 20, 1903. R. 369. T. 374. 

1886. Apr. 5. Act. Modification of Treaty of Berlin, 1878. Union 
of Bulgaria and Eastern Roumelia. R. 326. 



396 CHRONOLOGICAL TABLE 

1890. July i. Agreement. Anglo-German. Heligoland, &c. R. 6. 
Nov. 23. Luxemburg passes from Netherlands by operation 

of Salic Law. R. 259. 
1892. Oct. 17. Extradition Treaty. Great Britain and Portugal. 

R. 13- 

1897. Turco-Greek War. R. in. 

1903. May 20. Triple Alliance, 1882. Renewal. T. 374. 
1908. Oct. 3. Annexation of Bosnia and Herzegovina by Austria. 

R. 327. 
Oct. 5. Proclamation. Independence of Bulgaria. R. 327. 

1912. Oct. 1 8. Treaty. Italy and Turkey. Peace. Annexation of 

Tripoli. R. 327. 
Sept. 30. Balkan War. R. 327. 

1906-12. Conversations. British and Belgian Officers. Defence of 
. Belgium against Germany. T. 152-7. 

1913. May 19. Serbo-Greek Treaty of Alliance. R. 113. 

May 30. Treaty. Balkan States and Turkey. Peace, &c. 

R. 328. T. 361. 
Aug. 10. Treaty. Balkan States and Turkey. Peace, &c. 

R. 328. T. 362. 

1914. Aug. 2. Commencement of European War. R. 329. 

Aug. 4. Belgian appeal to Powers. Violation of Neutrality. 

T. 137- 
Belgium. German acknowledgement of wrongful action. 

T. 136. 

Aug. 22. Guarantee of Turkish Integrity proposed. R. 329. 
Sept. 10. Abolition of Capitulations by Turkey. R. 329. 
Nov. 5. Annexation of Cyprus by Great Britain. R. 329. 
Dec. 19. Egypt declared a British Protectorate. R. 329. 

1915. May. Italy withdraws from Triple Alliance. R. 372. 

May 23. Declaration of War. Italy against Austria. R. 372. 
Sept.-Oct. Campaign against Serbia. Occupation of Salonika. 
R. "3- 

1916. Aug. 28. Declaration of War. Italy against Germany. R. 372. 

1917. June 12. Abdication of King Constant! ne of Greece. R. 116. 
Aug. 4. Publication of Diplomatika Engrapha. R. 113. 

1919. June 28. Treaty of Versailles. Peace between the Allies and 

Germany. R. 5. 
Covenant of the League of Nations (in Treaty of Versailles). 

R. 243-4 n. 
Aug. ii. Constitution of Germany. R. 288 n. 



INDEX 



PART I. TREATIES, CONVENTIONS, 
CONGRESSES 



Adrianople, 107-19. 
(1829), 173-4, 165-6. 
Akerman (1826), 165 ., 172. 
Amiens (1802), 19. 
Andrassy Note (1876), 322. 
Anglo- Belgian (1862), 8. 
Anglo-German (1890), 6. 
Aland Convention (1856), 174-5. 



Berlin (1878), 7, 1 1, 1 1 1, 326 ff., 

345, 368. 372. 

Berlin Memorandum (1876), 322. 
Black Sea (1856), 313 ff. 
Bosnia-Herzegovina (1908), n, 

327. 

Brussels (1890), 5, 6. 
Bucharest (1812), 165, 172, 174. 
(1913), 112, 328, 362-4. 

Cape of Good Hope, 31. 
Capitulations, 159. 

- (1914), 329- 
Clarendon-Dallas (1856), 5. 
Commercial Treaty with France 

(1860), 6, 12. 

Constantinople (1832), no-n. 
(1876-7), 324, 342. 

(1878) : see Cyprus. 

(1884), in n. 
-(1913), 328 n. 

Cyprus, Convention of (1878), 
326, 329. 

Danish Rescript (1846), 188-9. 
Demarara (1814), 31. 
Denmark (1850), 190. 

(1881), 10. 

(1883), 10. 
Dominica (1850), 9, 10. 
Dreikaiserbund (1872), 367-8. 



Federal Act (1815), 188, 199. 
Firman of 1841, 168. 

of 1856 (Hatti-Hamouin), 169. 
Frankfort (1819), 257. 

(1871), 272, 367. 
Friedrichshamm, 1809, 174. 

Gastein (1865), 196, 241-2, 263. 
Germanic Confederation (1820), 
188. 

Hatti-Hamouin (1856), see Fir- 
man. 

Hawaii (1851), 9. 
Holstein Convention (1720), 187. 

(I 7 67),i87. 

(1773), 187. 

Holy Alliance (1816), 34-6, 367. 

Italian Duchies (1847), 213-14. 
Jassy (1792), 164. 

Konia (1880), 347. 
Kutschuk-Kainardji(i775), 159- 
60, 173. 

Laibach (1821), 36. 
Lauenburg (1815), 187. 
Lausanne (1912), 327. 
London (1827), 105-9. 

(1830), 108-9, J 3- 

(1831), 33, 133-5,257. 

(1832), 108-11. 
-(i839), 33, 134-9, 257, 271. 

(1852), 191 ff. 

(1863), 109-11. 

(1864), iio-ii, 195, 197. 

(1867), 14, 135, 257 

(1870), 136. 

(1871), ii, 318. 

(1883), s, 15. 

(1913), 112, 328. 



398 



INDEX 



Mayence (1831), 147. 
Mediation (1856), 243 and ., 270. 
Milan (1849), 21 3- 

Navigable rivers, 31. 
Netherlands (1814), 31. 
Nikolsburg (1866), 223, 247. 

Paris (1814), 19-25, 26, 31, 31 n., 
32, 36, 37, 48, 129, 149. 

(1815), 36-7. 

(1856). ii, 14, 158 ft., 163 ft., 
270, 312 ft. 

Declaration of (1856), 175. 

(1882), 12. 
Poland (1832), 38 M. 
Portsmouth (1905), 12. 
Portugal (1883), 10. 

(1892), 13. 

Protocol of 24 Articles (1831), 
133- 

Russian Circular (1871), 313 ff. 

St. Petersburg (1826), 105-6. 
San Stefano (1878), 325 ff., 341, 

357-8, Appendix. 
Scheldt (1715), 134. 
Serbia (1901), 10. 
Serbo-Greek (1913), 113 and n. 
Slave Trade, 32-3. 
Spain (1817), 26. 

(1878), 10. 

Straits, Convention of the ( 1 84 1 ) , 
168, 178. 



Tilsit (1807), 38 and n., 47, 48, 

165. 
Triple Alliance (1788), 164. 

(1882), 369 ff. 

(1903), 370. 
Troppau (1820), 36. 
Turin (1860), 222. 

Unkiar Skelessi (1833), i66ff. 
U.S.A. (1842), 10. 
Utrecht (1579), 128. 

(1713), 128, 256. 

Verdun (843), 126. 
Verona (1822), 25 n., 33. 
Versailles (1871), 271. 

(I9I9), 5- 

Vienna (1809), 39 and n. 

Congress (1814-15), 16-37, 
130, 134, 158, 212, 256. 

(1815), 6, 7, 16-98, 128, 129, 
150, 171, 187,201,210, 213, 222. 

(1864), *95 fc 241-2, 248. 

(1878), 252 n. 

(1879), 368 ff. 

(1908) (Bosnia-Herzegovina), 

327- 

Vienna Note (1853), 162. 
Villafranca (1859), 2i4ff. 

Westphalia (1648), 134. 

Zollverein (1865), 8, 9, 249. 

(1867), 299. 
Zurich (1859), 76. 



PART II. GENERAL 



Aali, 184. 

Abeken, 269 n. 

Aberdeen, Lord, 22, 123, 162. 

Acarnania, 1 1 1 . 

Adrianople, 324, 328. 

Aland Islands, 174-5. 

Albania, 328. 

Alexander of Battenberg, 326 

Alexander I, 27-9, 32, 103, 104, 

105, 164-5. 

Alexander II, 312-13, 324, 374 w 
Alexandria, 168. 
Alexandrowo, 368, 374. 
Ali Pasha of Yanina, 104. 
Alsace, 34, 271, 274. 



Ambrois, des, 233. 

Andrassy, 322, 360, 374. 

Antwerp, 22, 133, 134, 135. 

Apponyi, 262, 332. 

Arnim, 285, 288. 

Arta, in. 

Augustenburg, Duke of, 187 ff. 

Austria, House of, 225. 

Austrian Succession War, 130. 

Austro-Bourbon Alliance (1756), 

128. 
Azeglio, D', 262. 

Baden, 249. 
Balan, 209. 



INDEX 



399 



Balkan League, 327. 

Balkan Wars (1912-13), 112, 

327 flf. 

Banneville, 233. 
Bastille, 16. 

Batavian Republic, 129. 
Batoum, 327. 
Bavaria, 250. 
Beaconsneld, Earl of : see 

Disraeli. 
Belfort, 272. 

Benedetti, 14, 269, 370-1. 
Bentinck, 262. 
Bernstorff, 262, 332. 
Bessarabia, 173. 
Bethlehem, 160. 
Bethmann-Hollweg, 136. 
Biarritz, 263. 
Bille, 125, 199. 
Bismarck, 195 ff., 241, 259, 

2635., 278, 285, 288, 317, 

360, 368, 371. 
Black Sea, n. 
Bologna, 220. 
Bosnia, 327. 
Bosphorus, 165 ff. 
Bourbon, House of, 18, 19, 

132. 

Bourqueney, 184, 233. 
Braila, 320. 
Bray-Steinburg, 279. 
Brenner, 209, 255. 
Breslau, 329. 
Broglie, 332. 
Bruges, 127. 
Brunnow, 125, 184, 197, 262, 

332. 

Brunswick, 250. 
Brussels, 132-3. 
Bukovina, 172. 
Bulair, lines of, 325, 327. 
Bulgaria, 327. 
Bulow, 142, 360. 
Bunsen, 177. 
Buol-Schauenstein, 184. 
Burgundy, House of, 256. 
Busch, 268. 
Byron, Lord, 104. 

Cadorna, 332. 

Canning, George, 104-7, l ^5- 
Capodistrias, 108. 
Caratheodory, 360. 
Carrara, 220. 



Castlereagh, Lord, 22, 25, 30, 32, 

104. 

Cathcart, Lord, 22, 25, 94. 
Catherine II, 164. 
Cavour, 169, 184. 
Chablais, 210 ff. 
Chambery, 213. 
Charles the Bold, 127. 
Charles I of Roumania, 314. 
Charles V, 127. 
Charles X, 132. 
Chatalja, lines of, 328. 
Christesco, 366. 
Christian III. 187. 
Christian IX, no, 191 ff. 
Church, Sir Richard, 104. 
Clancarty, Lord, 25, 94. 
Clarendon, Lord, 5 ., 184, 243. 
Coalition, 1792, 18. 
Coanda, 366. 
Cobden, Richard, 12. 
Cochrane (Lord Dundonald), 

105. 

Codrington, Admiral, 107. 
Concert of Europe, 158, 163, 

169. 

Constantinople, 159 ff., 324, 328. 
Coraes, 103. 
Corti, 360. 
Cotto, A. de, 119. 
Couza, Prince, 174, 314. 
Cowley, Lord, 184, 215. 
Crete, 112, 328. 
Crimean War, in. I58ff. 
Crowe, J. A., 15. 
Crusades, 163. 
Custine, General, 18. 
Cyclades, in. 
Cyprus, 326. 

D'Alberg, Due, 94. 

Danube, 15 ; navigation of, 5, 

171-2, 320. 

Danubian Principalities, 171-4. 
Dardanelles, 107, 163, 165 ff., 

325. 329. 371. 
Dedeagach, 328. 
Dedel, 142. 
Derby, Lord, 325. 
Desprez, 360. 
Diebitsch, 107, 109. 
Die Wacht am Rhein, 168 n. 
Disraeli, 322 ff., 360. 
Dissesco, 366. 



400 



INDEX 



Djemil. Mehemmed, 184. 
Dniester, 173. 
Dobruja, 328. 

Edward IV, 127. 

Egypt, 329. 

Elba. 19. 

Emilia, 220. 

Ems telegram, 268-9. 

Enos-Midia line, 328. 

Euboea, in. 

Eu ropean Commission of Danube, 

171-2, 320. 
European War (1914), 112, 

135, 329, 369, 372. 
Exadactylos, 366. 

Fane, Julian, 15. 
Faucigny, 210 ff. 
Favre, Jules, 278, 285, 288. 
Feodosia, 329. 
Ferdinand I, 127. 
Ferdinand IV, 30, 210. 
Ferrara, 220. 
Finland, 174. 
Fitcheff, 366. 
Flanders, 18. 
Florence, 226. 
Franco-Prussian War, 367. 
Frankfort, 196, 249. 
Frankfort Diet, 241, 317. 
Frederick the Great, 264. 
Frederick William IV, 190. 
Frederick VI, 187. 
Frederick VII, 188-94. 
Fried land, 165. 
Forli, 220. 

Galicia, 29, 30. 

Gallipoli, 325, 328. 

Gama, de Saldahna da, 94. 

Gazette, London, 9. 

Geneva, 22. 

Genoa, 210 ff. 

George I, 110-12. 

George IV (Prince Regent), 25, 

36. 

George I (Greece), 327. 
German Empire, 33, 273-4. 
Germanic Confederation, 31, 33, 

i86.ff., 223, 241 ff., 317. 
Girondists, 18. 
Glucksburg, House of, 191. 
Goderich, Lord, 106. 



Goeben, 329. 

Gorchakoff, 313 ff., 360, 367. 
Goulard, de, 285, 288. 
Graeco-Turkish War (1897), 1 1 1. 
Gramont, Due de, 264 ff. 
Granville, Earl, 15, 139, 259, 

266 ff., 318. 332. 
Greek War of Independence, 165. 
Grey, Sir E., 328. 
Gros, Bon., 125. 
Garda, Lake of, 219. 

Habsburg, House of, 127-8, 256. 
Hanover, 249-50. 
Hanse Towns, 35. 
Hardenberg, Prince, 94. 
Hatzfeldt, d', 184. 
Haymerle, 360. 
Heligoland, 6. 
Henry V, 127. 
Herzegovina, 321 ff., 327. 
Hesse-Cassel, 247, 249. 
Hesse-Darmstadt, 250. 
Hetaeria, Philike, 103. 
Hohenlohe, 360. 
Hohenzollern-Sigmaringen, 

House of, 314. 
Holstein, i86ff., 243, 247-8. 
Holy Alliance, 7 ., 99. 
Holy Places, 160. 
Holy See, 210 ff. 
Hubner, 184. 
Humboldt, Baron, 24. 

Ibrahim Pasha, 105, 106, 166-7. 

Imperial Chancellor, 1 36. 

India, 22. 

Ionia, 112. 

Ionian Islands, in. 

Isabella of Bourbon, 127. 

Isatcha, 171-2, 320. 

Italy, Kingdom of, 33. 

Ivantchoff, 366. 

Jocteau, 233. 
John II, 127. 
Jolly, 279. 
Jonesco, Take, 366. 

Kalafatovitch, 366. 
Karolyi, 233, 360. 
Kauffmann, 209. 
Kavalla, 328, 371. 



INDEX 



401 



Kiel Canal, 240. 
Konieh, 166. 
Konigstein, 250. 
Kubeck, 199. 

La Tour D'Auvergne, 262. 
Lauenburg, 187 ff. 
Launay, 360. 
Legations, 216 ff. 

Papal, 31. 
Leipsic, battle of, 129. 
Leipzig University, 250. 
Leopold I, 1 08. 
Leopold I (Belgium), 133. 
Leopold of Hohenzollern-Sig- 

maringen, 264 ff . 
Libyan War, 371. 
Lieven, Prince, 119, 123. 
Limburg, 133-4. 
Liverpool, Earl of, 106. 
Lombardo-Venetian kingdom, 

33, 214 ff- 

Lombardy, 31, 33, 210 ff. 
Lorraine, 34, 126, 271, 274. 

House of, 216. 
Louis XV, 127. 
Louis XVI, 16, 18. 
Louis XVII, 19. 

Louis XVIII, 19, 26, 132. 
Louis Buonaparte, 129. 
Louis Philippe, 132. 
Lowenhielm, Comte, 94. 
Ludwig I, 109. 
Luxemburg, 134, 135. 
Luxemburg City, 134. 
Lyons, Lord, 267. 

Mackensen, Marshal von, 115. 

Maastricht, 134. 

Magenta, 214. 

Mahmud II, 105, 167. 

Main, 135, 250. 

Maioresco, 366. 

Malmesbury, Lord, 199. 

Malta, 22. 

Manteuffel, 184. 

Mantua, 217. 

Margaret of Burgundy, 127. 

Marghiloman, 366. 

Marie Antoinette, Queen, 18. 

Marie Louise, Empress, 31. 

Marmara, Sea of, 325. 

Mary of Burgundy, 127. 

Massa, 220. 



Matanovitch, 366. 

Matuszewic, 119. 

Maximilian I, 127. 

Mecklenburg-Schwerin, 250. 

Mehemet AH, 105, 166-8, 360. 

Menabrea, 239-40. 

Menshikoff, Prince, 160. 

Metternich, 93, 104. 

Metz, 259, 313. 

Meuse, 133. 

Meysenbug, 233. 

Mittnacht, 279. 

Modena, 214 ff. 

Moldavia, 102-4, *6o ff., 165, 

171 ff., 314. 

Moltke, von, 247, 264, 268. 
Moniteur Beige, 9. 
Monte-Lombardo, 226. 
Montmorency-Laval, 123. 
Moselle, 134, 272. 
Motley, J. L., 128. 
Murat, 30. 
Musurus, 332. 

Napier, Sir Charles, 168. 
Napoleon I, 19, 25, 124, 164-5, 

212. 
Napoleon III, 160 ff., 263 ff., 

317- 

Nations, League of, 243 4t. 

Navarino, 106-7, IO 9. J 65 

Neckar, 134. 

Negropont : see Euboea. 

Nesselrode, Comte, 94. 

Netherlands, Spanish. 127. 
I Neutrality of Switzerland, 2 10 ff. 
i Newfoundland, 22. 

Nice, 221 ff. 

Nicholas I, 105, 107, 160 ff., 312. 

Nisib, 167. 

Noailles, Comte de, 94. 

North German Confederation, 
33, 250, 251, 257, 262 ff. 

Obrenovitch, Prince Milosh, 174. 
Oczakov, 164. 
Odessa, 102, 103, 164, 329. 
i Orange-Nassau, House of, 128- 

33, 256, 259. 
Orleans, House of, 132. 
Orloff, 184. 
Otho I, 109-10. 
Oubril, d', 360 



402 



INDEX 



Pachitch, 366. 

Pali, 366. 

Palmella, Comte de, 94. 

Palmerston, Lord, 119, 142, 167, 

191. 

Panas, 366. 
Papal States, 2 1 2 ff . 
Paris, 317. 

Parliament and Treaties, 5-6, 12. 
Parma, 32, 214 ff. 
Peschiera. 217. 
Phanariots, 102, 103. 
Philip I of Burgundy, 127. 
Philip the Good, 127. 
Philip II of Spain, 127. 
Philippopolis, 326. 
Piacenza, 220. 
Piedmont, 212 ff. 
Pitt, 164. 
Po, 219. 

Poland, 27, 28. 195. 
Polignac, Due de, 132. 
Politis, 366. 

Pomerania, Swedish, 30. 
Posen, 29, 30, 374 n. 
Pourger-Quertier, 285, 288. 
Pozzo di Borgo, 142. 
Prim, General, 264-5. 
Pruth, 104, 165, 173. 

Quaade, 209. 

Radeff, 366. 

Rasoumoffsky, Prince, 94. 
Ravenna, 220. 
Rechberg, 209. 
Reggio, 220. 
Rehausen, 199. 
Restitch, 366. 
Reuss, Henry VII of, 374. 
Revolution (1789), 16-17, 128. 
- (1830), 132, 257. 
Rhine, 134. 

dues, 250. 

navigation of, 31. 

River Commission of Danube, 

171-2, 320. 
Robespierre, 18. 
Romagna, 217 ff. 
Rome, 226, 317. 
Roon, von, 269. 
Rumelia, Eastern, 326. 
Rupel, 115. 



Russell, Earl, 27, 125, 197, 219. 
Russell, Lord Odo, 360. 
Russo-Turkish War (1806-12), 

"I. 174. 

(1877-8), in, 324 ff., 368. 

Sadoullah, 360, 390. 
St. Helena, 25. 
Saint-Vallier, 360. 
Salisbury, Marquis of, 360. 
Salonika, 113, 325, 328, 371. 
Sardinia, 169, 210 ff. 
Savoy, 1 8, 210 ff. 
Saxe-Meiningen, 250. 
Saxony, 247-50. 
Scheldt, 134-5. 
Schleswig, 186 ff., 247 ff. 
Schleswig-Holstein, 317. 
Schneckenburger, Max, 168 n. 
Schouvaloff, 325 n., 360. 
Sebastiani, 142. 
Sebastopol, 163. 
Sedan, 271, 313. 
Senate U.S., and Treaties, 5. 
Senff, 142. 
Serbia, autonomy, 165. 

independence, 174. 
Servais, 262. 

Seven Years' War, 264. 

Seymour, Sir H., 162. 

Sicilies, Two, 210 ff. 

Sicily, 33. 

Silesian Wars, 264. 

Silistria, 163. 

Silveira, Loboda, 94. 

Slave Trade, 5, 6, 24, 25 ., 31-3. 

Smilianitch, 366. 

Solferino, 214. 

Spalaikovitch, 366. 

Spanish- American War, 175. 

Spanish Netherlands, 256. 

Spanish Succession War, 128, 

134, 212. 

Stackelberg, Comte, 94. 
Stanley, Lord, 14-15, 262. 
Standoff, 366. 

States-System, European, 163. 
Stewart, Sir Charles, 22, 25, 94. 
Stockholm, 174. 
Stratford de Redcliffe, Lord, 

i6off. 
Sweden and Norway, Union of, 

34- 
Swiss Confederation, 210 ff. 



INDEX 



403 



Talleyrand, Prince de Benevent, 

22, 29, 30, 94, 1 19. 
Thessaly (1881), ill. 
Thiers, A., 278. 
Thionville, 259. 
Thirty Years' War, 1 34. 
Tontcheff, 366. 
Tornaco, 262. 
Trentino, 372. 
Trieste, 371. 
Tripoli, 327, 371. 
Turco -Italian War (1911-12), 

371. 

Turin, 226. 
Tuscany, 212 ff. 

Van de Weycr, 262. 

Varennes, 18. 

Venetia, 2ioff., 243, 263. 

Venice, 31,2125. 

Venizelos, Eleutheros, 112, 113, 

327. 366. 
Versailles, 16, 18. 
Victor Emmanuel, 216 ff. 
Victor Emmanuel Railway, 213. 



Victoria, Queen, 133. 
Villamarina, de, 184. 
Volo, in. 
Voukotitch, 366. 

Wachter, 279. 

Waddington, W. H., in, 3 6 - 
Walewski, Count, 14, 184, 197. 
Wallachia, 102-4, I ^ ** 1 ^>S 

171 ff., 314. 
Warsaw, Grand Duchy of, 29, 

30, 37-8- 
Waterloo, 25. 
Wellington, Duke of, 25, 105, 

107. 

Werther, 209, 255. 
Wessenberg, Baron, 93. 
William I, 241, 2696., 374 n. 
William I (Netherlands), 130. 
William IV, 259. 
Wimp ff en, 239-40. 
Wittelsbach, House of, 109. 
Wurtemberg, 247, 249. 

Ypsilanti, Alexander, 103. 



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